Consumer Debt Collection

New California case changes the way creditors can collect their debts

Judgment and debt collection is an ever-changing field, and new challenges of statute interpretation arise in the courts every day. If you are a creditor in California, you should pay attention to a new lawsuit that has changed the way California courts classify debtor judgments that you can seize in satisfaction of your own lien. The statute in question...

The rights of creditors to seek payment of debt

Companies are entitled to payment when a California customer fails to pay for something purchased on credit. The process of actually securing payment from an unwilling customer can be complex, and it may be necessary for a creditor to seek the assistance of a debt collection agency or other professional experienced in this process. Any creditor or company...

What are your options when debtors commit a fraudulent transfer?

Few things are more frustrating than securing a judgment against a debtor only to discover that they have transferred assets beyond your reach. Fortunately, you do have legal recourse for recovering what you are owed. The Uniform Fraudulent Transfers Act (UFTA) enables creditors to take action whether their claim arose before or after the fraudulent...

How fair play and the modern world are reshaping debt collection

Few people will sympathize with anyone writing or calling them for money. But debt collectors serve a necessary role in balancing the financial sector’s basic tenants of fair play. What if exploding technology outpaces rules for retrieving what is legally owed and protecting consumers from overzealousness? The Consumer Financial Protection Bureau recently...

What options do you have for debt collection lawsuits and enforcement?

Effective debt collection practices by commercial entities include the use of civil court cases brought against consumers and other businesses. Efiling of civil actions is the norm in California courts, as has been the case in recent years. When the usual debt collection efforts have failed to result in payment, aggressive legal actions become essential...