Collections

If someone owes you money and you’re trying to collect, it’s already a frustrating situation. If they would have just paid like they agreed to do, this whole situation could have been avoided. But they haven’t paid, and now you have to try to actively seek that money.  Worse yet, you believe that they could pay. It’s not an issue of not having the assets...

One of the benefits of starting a corporation or LLC is that the business entity protects the owner(s) from any personal liability. If the business fails, if it faces a major lawsuit or if it accrues substantial debt, the company and not the person who runs the business will be financially responsible. While this system protects people from major losses...

If a Limited Liability Company (LLC) owes your client money, it will be hard to seek payment from the owner’s personal assets. Yet, it can also work the other way around. If someone has personal debt, they may still have assets in their LLC, which they think you cannot touch. They are, in part, correct, but not entirely. What is a charging order? Let’s say...

One tactic debtors may use to try and keep their assets out of the reach of their creditors is to move them overseas. Their thinking is that once the money crosses an international border, you cannot touch it as a creditor. You may wonder if there's some validity to that logic. Tracking down assets hidden overseas can be challenging. Yet, with enough time...

The ongoing pandemic has created a shifting economic landscape that continues to challenge struggling consumers and businesses. Bankruptcy may no longer be unavoidable and might be a more attractive option. A recent change in federal law will impact how debtors can reorganize their obligations and how creditors can seek payment for services rendered. In...

Often times, real property is held in the name of trusts for estate planning purposes. And many people further believes that taking title in this manner protects the real property asset from potential creditors as well. Well, the court in Boshernitsan v. Bach, 61 Cal.App.5th 883 (2021), made it clear this is simply not the case. One eviction case...

California creditors often face complex challenges when trying to collect debts owed to them by businesses and individual consumers. There are various ways to secure payment in a legal manner, and one option may include seeking a judgment from the court. After successfully securing a judgment, the most common and effective type of post-judgment relief is a...

Winning a judgment against a debtor does not always mean that a creditor or business will immediately receive what the debtor owes. In fact, in many cases, a creditor in California may have to take legal steps for judgment enforcement. If the debtor is a retail business, there are some unique ways a creditor may collect on a judgment, including using a...

When a debtor will not make a payment on a balance he or she owes, it can leave a creditor in a precarious financial situation. It is essential to collect money owed, and it is appropriate to take legal steps when a debtor will not fulfill his or her financial obligations. There are various collection methods available by which a California company or...