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...
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...
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...
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....
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...
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,...
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...
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...