Due Process and Collections Litigation At some point, most businesses, especially those involved in interstate or international transactions, are going to have to sue someone to collect an overdue bill. When dealing with a debtor that resides or does business primarily in another state, one critical issue to consider will be: can I sue the […]
Enforcement of Judgment – How to Collect the Judgment You Won
The following post was found on the Mendocino Courts website. The original can be accessed here: http://www.courts.ca.gov/partners/documents/enforcement_of_judgment_how_to_collect.doc The information contained herein only applies in the State of California. Additional or different forms and procedures may apply depending on the County. The local rules of the County Superior Court should be checked for applicable rules. Mendocino […]
That’s Not Fair! Accepting International Legal Differences
A Chinese client of ours placed an account with us for collection. On contacting the company who bought their product we were referred to their lawyer. When we contacted the lawyer he explained that his client had an initial offset to the $650,000 debt because of approximately $30,000.00 worth of defective goods. Beyond that, opposing […]
Am I a Debt Collector?
The FDCPA Can Apply to Creditors Collecting Their Own Debt With the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and other government agencies –including the United States Supreme Court– becoming more and more involved with regulating debt collection in the United States, it is important to remember that although the focus of […]
Can I Pull a Debtor’s Credit Report?
Imagine that a document exists that gives you a debtor’s financial history, addresses and phone numbers, outstanding and disputed debts, and many other salient facts about your debtor’s financial health. There is, of course: the debtor’s credit report. However, given the power of this document, access is limited and protected by California and federal law. […]
Trial in Collections Cases
The goal of any collections professional, including lawyers, is to collect the claim with as little time and cost as possible. The creditor must constantly make the calculation: is the additional time and money I’m going to spend on this claim worth the increased return? This calculation becomes most intense when considering trial in collections […]
Corporate Status Can Be a Debt Collection Issue
Who Owns This Debt? A client recently placed a substantial commercial debt for consulting services with my firm. Upon contacting the debtor, I found that the debtor had beaten us to the punch: They had filed a Complaint for breach of contract to preempt my client’s collection activity. In such a situation, unless the debtor […]
Consumer vs Commercial Collections
Our firm specializes in the handling of commercial debt collection cases, but occasionally we do take on a consumer case. Friends and clients have often asked what the distinction is between the two classifications. What is the difference between consumer and commercial debt? Let’s start by a simple set of definitions. A consumer debt, which […]
Mechanic’s Liens
Many times a subcontractor, laborer, or equipment lessor providing materials or services for a construction project, does not have a direct contractual relationship with the owner of the property. For example, a property owner may hire a general contractor to redo his kitchen, and the contractor may then hire a subcontractor to provide the carpentry. […]
What is the Foreign States Immunity Act (FSIA)?
Did you ever want to sue a foreign government? If so, your case would be greatly impacted by the Foreign States Immunity Act (FSIA) of 1976. Pursuing a legal matter against the government of another country can be complicated. Consider the following case study. Though fictional, it is based upon real events. Who Are The […]