Enforce Your Judgment. Make Debtors Pay.
After a lengthy legal battle, you’ve finally prevailed. The court ruled in your favor and issued a piece of paper stating you are owed money. Unfortunately, that piece of paper is just that – a piece of paper. Turning your judgment into money is the hard part. Debtors will fight you every step of the way. You’ve come to the right place if you struggle to collect money that is rightfully yours. At Joshua P. Friedman & Associates, Inc., we stop at nothing. We will make your debtor pay up. Contact us today at 310-278-8600 to get started. Located in Los Angeles, our firm helps consumers and businesses throughout California enforce their judgments and obtain the money they are owed.
What Is A Judgement Enforcement?
A judgement enforcement is the process of pursuing and collecting on money another person or entity owes you. The process typically involves identifying what assets the debtor owes, choosing a collection method, completing the necessary forms and serving a notice to the debtor. How each of these steps play out can depend on your specific situation. We can help guide you through any unique challenges that arise. The process in California typically involves:
- Identifying assets: This involves locating where the debtors may hold assets, including in bank accounts, real estate and businesses.
- Obtaining a writ of execution: This involves getting permission from the court. After getting approval, a judge can authorize a sheriff or other public official to seize the debtor’s property.
- Selecting a collection method: This involves choosing the way you wish to collect money from the debtor. Your options can include wage garnishment, a bank levy or other methods that fit the circumstances of your situation.
Selecting the right collection method is crucial, and that is something our lawyers can assist you with. If you have any additional questions about how to proceed with your collection efforts, call us today at 310-278-8600.
Applying Pressure, Getting Payment
Attorney Joshua Friedman knows how to apply the right amount of pressure in the right spot to get debtors to pay. He will make their lives so miserable that they will pay just to make him disappear.
Our team uses a variety of proven legal strategies to collect debts on our clients’ behalf:
- Withholding orders/wage garnishments – Have money taken directly from your debtor’s paycheck.
- Bank levies – Take the money you owe from your debtor’s bank account.
- Charging orders – Make sure any money owed to the debtor by a limited liability company (LLC) or partnership is paid to you, not it.
- Assignment orders – If a third party owes your debtor money, it must pay you instead of the debtor.
- Keepers – Place a sheriff in your debtor’s business. Customers pay the sheriff, who pays you, instead of the debtor.
- Real property levies/foreclosures – Foreclose on real estate and keep the profits to satisfy your debt.
- Intangible levies – Attach levies to every item possible, including contractual rights to royalties, rents and installment payments.
- Appointment of receivers – Appoint a third party to take over your debtor’s business and funnel proceeds to you to satisfy the debt you are owed.
- Judgment debtor examinations – Use legal proceedings to discover your debtor’s assets.
- Fraudulent transfer lawsuits – If your debtor attempts to shield assets through improper transfers, such as gifts to family members, we will sue.
As firm with a debt collection attorney, we operate a little differently than a debt collection agency. We are more strategic and nimble in our approach to helping you collect your debts. We can work alongside you to tailor our approach in a way that suits your needs.
Answers To Your Debt Collection FAQs
If this is your first time pursuing a debt for monies owed, you may have a number of questions about the process, different scenarios, and how to begin. These are some of the questions we hear the most often from our clients. Our goal is to provide you with some clarity so we can discuss the specifics of your situation during our initial consultation.
What types of assets can be legally seized to satisfy a judgment in California?
There are several assets that you can legally seize to satisfy a judgment. According to the California Judicial Branch, those assets can include:
- Bank accounts
- Wages (through court-ordered garnishments)
- Real estate (through liens placed on the property)
- Business assets
- Vehicles
These are only a handful of examples. We can help you determine which assets make sense to seize based on the specifics of your case.
Is it possible to recover legal fees when enforcing a judgment in California?
No, recovering legal fees when enforcing a judgement often isn’t possible. However, there may be some exceptions based on the circumstances of your case. Discover if your situation qualifies for any exceptions by contacting us today.
What happens if debtors try to hide assets?
Sometimes, you may find that debtors do not cooperate and try to hide assets to avoid paying you. If this happens, it can make enforcing the judgment much more difficult. At the same time, you can take a few different actions to address these issues. They include:
- Requesting a debtor’s examination legally requires debtors to disclose information about their assets under oath. This can include information about their financial situation.
- Issuing subpoenas: You can issue them with third parties of the debtor, such as their bank or employer, to request information about their financial transactions.
- Utilizing a private investigator: You can hire a private investigator to determine how the debtor utilizes their finances.
If a debtor is found to be hiding assets, they can face serious consequences, including being held in contempt of court.
Why should I hire a judgment enforcement / debt collection attorney instead of a collection agency?
Hiring an attorney to help you collect your debts can help increase your chances of success in obtaining that debt. Not every debt collection agency is reliable. Even if they buy the debt from you upfront, they may not pursue debtors in an ethical way, which could hurt your reputation. Since our firm has qualified debt collection attorneys, we are held to high standards by the California State Bar. When pursuing debts, we know what’s within our rights, what we can and cannot do, and what is and isn’t effective.
What types of clients do you typically work with for judgment enforcement?
Contact Joshua P. Friedman & Associates, Inc.
The game of debt collection is rough, but we love to play it. We will fight to the end. Call 310-278-8600 today for a free consultation or contact us online.