The legal system is designed so that different courts have different jurisdictions. Generally speaking, those who wish to take legal action against a debtor must file papers in the jurisdiction where the debtor owns assets. For example, they may reside in New Mexico, but most of the debtor's assets could be investments located in California. So, suppose...
Collections
Debtors sometimes hide assets under an alter ego
Creditors have to jump through many legal hoops to collect money from debtors. Even after winning a judgment, they still have to collect their debt, often taking further legal steps. Many debtors are well aware of the process and do their best to avoid paying. One misdirection they sometimes use is hiding assets under an alter-ego, pseudonym or related...
How intangible levies work
People hear the words "business asset" and immediately think of money, real property, products, and other things of value that physically exist. On the other hand, intangible assets also add value to the company but instead involve such concepts as agreements, reputation, goodwill, non-competes, patents and copyrights. These can be hard to put a value on,...
Are you an unwilling creditor?
Some businesses refuse to pay their debts. Despite having a legal obligation to pay, this business remains in operation but does not pay. From a creditor’s point of view, the debtor is using money owed to keep their business afloat. While the debtor may justify these actions by arguing that they must stay open and earn money to repay the debt, the...
Tired of getting the runaround by deadbeat debtors?
Some debtors seem to specialize in being an even bigger thorn in the side of their creditors. It can be a matter where they say that they will pay the money, and then after a few payments, miss one again. Or they pay less than owed but enough to string along the creditor. It may even be a matter where the creditor took the debtor to court and still has...
What if a business bounces a check?
Using checks to pay for goods and services is less common than it once was. People now often use various electronic methods, ranging from debit cards to credit cards to Venmo or PayPal. However, businesses will still often use checks for B2B transactions. The reasons vary, but checks leave an easily verified paper trail and have a standard format for...
Do promissory notes hold up in court?
Promissory notes are legally binding contracts that can hold up in court if the terms of borrowing and repayment are signed and follow applicable laws. Important details to include are: The amount of money borrowed Who borrowed the money The date the sum was borrowed The loan’s interest rate (if any, and make sure it is not usurious) The recipient of the...
Calculating the correct amount owed on a judgment is crucial
Determining a precise amount owed on a judgment is a vital part of the collection process. If the amount is incorrect, the court will not issue a writ of execution, which is required to levy on the debtor's assets. And if the court accidentally issues the writ or levy for an incorrect amount, the debtor could seek to quash it. Interest is the issue The...
Third-party collections is an option for some creditors
It is common to hear that a debtor does not have the money to pay a creditor. They may go to court and say it. They may tell the creditor or anyone else, claiming that business is slow or that they are overextended. Of course, this is not what the creditor wants to hear. But during that conversation, the debtor may say they are also owed money and...
A writ of execution initiates the court-mandated collection
The law provides several options for creditors intent on collecting a debt. The creditor trying to collect a debt will file a lawsuit with the court. If the court agrees with the plaintiff, it will issue a writ of execution to the judgment creditor, which allows them the legal right to collect money to satisfy a debt owed to them. Once the judgment...