When someone owes a business money, they generally have an obligation to pay in full or negotiate a specific payment arrangement that both parties believe is reasonable. Expecting someone to fulfill their financial obligations is reasonable, especially when a creditor will take monthly payments in lieu of immediate payment in full. Unfortunately, there are...
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How to handle a debtor who is working under the table to avoid paying
Some people who owe money to others do anything they can to avoid paying what they owe. For example, some people quit their jobs. They know that creditors can take them to court to garnish their wages, so they look for a way to earn income that is safeguarded from a risk of collections. In some cases, they may even place themselves in a position where they...
Using the discovery process to uncover financial misconduct
Some people take on debt intentionally by applying for a personal loan or credit card. Others end up with unintentional debt due to unexpected incidents, like a medical emergency. The average person who owes a substantial amount of money to other individuals or a business does their best to make good on their obligations regardless of the origins of their...
What happens when a debtor dies with unpaid debt in California?
Businesses owed money by an individual may need to spend years collecting on that debt. Hospitals might enter into payment arrangements with someone on a fixed income, for example, that will require many years of payments to complete. Most organizations that engage in collection activity or offer payment plans recognize that receiving payments every...
Enforcing a sister-state judgment in California
Most people who borrow money or sign financial agreements will eventually make good on their obligations. They will make monthly payments until they have fully covered the balance owed and will do their best to keep their accounts in good standing. However, there are always a few people willing to break the rules and take advantage of a system even if it...
Exploring the use of receivers to enforce sizable judgments
When one business or individual owes money to another party, they may fail to follow through on their obligations for a variety of reasons. Sometimes, a debtor falls behind because of a budgetary shortfall. Other times, they may have engaged in fraud by entering into an agreement that they had no intention of honoring. Whether due to extenuating...
Can debtors control when creditors contact them?
There are numerous laws restricting the activity of debt collection professionals. In general, both professional collection specialists and those pursuing internal collections for a business must carefully comply with federal and state rules about fair debt collection practices. Many of those rules aim to curtail abuses, like harassment, that can cause a...
Do wage garnishments in California result in timely repayment?
Creditors in California that are owed money by individuals who seem eager to avoid their responsibilities have options. While both state and federal law regulate collection efforts in an attempt to prevent abuses, the laws intended to protect consumers often put businesses owed money by individuals at a legal disadvantage. However, these organizations have...
The role of skip tracing in locating recalcitrant debtors
Most individuals who take on personal debt are responsible for their financial obligations. They make timely payments and communicate if something occurs that will result in a late or missed payment so that creditors don't feel the need to engage in immediate collection activity. Unfortunately, there are also a few people who attempt to engage in...
Why you may need non-wage garnishments
Sometimes it is necessary to take legal action to collect debts from a business. Still, even when the courts rule in favor of the plaintiff, the creditor is responsible for collecting the debt owed to them. Garnishing income from a business is one option, but it is also possible for the creditor to garnish non-wage assets. Assuming that the asset is...