What happens to people after death? No one knows for sure – but one thing is certain: if they are in debt in California at the time of their death, some of their debts will have to be paid. This is because California is a community property state, meaning that a marriage or a registered domestic partnership makes both parties one “community.” This gives...
Consumer Debt Collection
Understanding California’s statute of limitations on debt collections
Companies that extend credit to individuals and those that offer billing after service have been performed will often wonder how they can collect on those debts. While many people who utilize credit to pay for things will take care of those bills, there are some cases in which companies will have to fight for what they’re due. California laws set specific...
Can you collect debts from retirement plans?
When a debtor claims they do cannot pay you what they owe, it is crucial you search far and wide. People who say they do not have money might not have a full bank account, but they may have funds in places they think you cannot touch. One place people believe their money is secure from creditors is a retirement plan. Yet, not all retirement plans are as...
Can someone give away assets instead of repaying their debt?
People who owe more money than they can reasonably repay sometimes go to great lengths to avoid taking responsibility for their own debts. Sometimes, they will go as far as to quit their job to avoid wage garnishments or get rid of their own property so that creditors can't claim that property in a civil lawsuit. If you see the signs of someone...
How do I start a lawsuit against a debtor?
There are many ways to persuade a debtor to pay you the money they owe. Yet, sometimes the only option remaining is to file a lawsuit. If so, you need to know what this entails. First, it is essential to remember a lawsuit will cost you time and money. While you may recover your costs, you cannot recover the time you invest. So make sure the sum owed is...
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...
Amicable debt collection and seeking repayment
Businesses have the right to seek payment on unpaid balances from consumers. However, commercial debt collection can be a complex process, and it may be necessary for a creditor to seek payment through more aggressive means. Before taking these steps, however, it is beneficial for a California creditor to pursue the option of amicable debt collection....
What to do if a debtor files for bankruptcy?
As a creditor, you deserve to be paid. Collecting from a debtor in California is always a challenge, but the problem is made much worse when the debtor files for bankruptcy relief. As a creditor, it is important to know that even when debtors file for bankruptcy, you have options and you have rights. You Have Options While debtors seem to love bankruptcy,...
Expectations for consumer debt collectors
When a California consumer neglects to pay his or her debt, it can leave businesses with financial losses and other complications. Parties who are owed money have the right to pursue payment of these balances through various means, including turning to debt collectors to assist with this process. While there are strict laws that protect the rights of...