Our Legal Liaison, David Greenberg, traveled to Berlin, Germany in September for the 2016 FENCA World Congress. More than 200 experts from the debt collection industry from Europe, North America, Asia, Arabia, Israel, India and North Africa gained valuable knowledge about the newest trends in the industry and gave a snapshot of the future, where […]
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 […]
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 […]
As part of his campaign commentary, Donald Trump proffered the plummeting Pound Sterling in the wake of BREXT, the UK’s vote to leave the European Union, was a great buying opportunity for Americans. That may or may not be true, depending upon what is being purchased. However, the BREXIT (British Exit) from the EU, I […]
A Dramatic and Effective Remedy – That Should Rarely Be Used Usually, as soon as a judgment is entered against an individual, the first question a creditor asks is, “Can I force her to sell her house?” If your judgment debtor owns property, it is by far the most tempting target for enforcement, especially if […]
Do Your Standard Practices Violate the FDCPA? It’s such a standard business practice we generally don’t think twice about it anymore: when making a payment, if the payer wishes to use a credit card or check-by-phone, she can expect to be charged a “convenience fee”. These fees can be a flat amount, or calculated as […]
Debt Buyers and Bad Actors Should Not Define an Industry More and more Americans turn to comedy shows for news in addition to entertainment. These shows make plenty of jokes, but they also claim to present facts, presumably accurate, in a journalistic way. While not always a problem, Last Week Tonight’s recent episode on […]
Let’s start with a couple of definitions – Interpretation is the process where a person converts spoken words from one language to another language. Therefore, an “interpreter” acts as an intermediary between individuals who are speaking different languages. Translation, on the other hand is the process of converting the written word from one language to […]
You filed suit and obtained a Judgment against a debtor and afterwards you learn the Judgment debtor is married. Can you go after assets and income held in the name of the Judgment debtor’s spouse? Whether or not that is possible will largely depend upon the State in which the debtor and spouse reside. However, […]
Defalcation-misappropriation of money or funds held by an official, trustee, or other fiduciary. You or your collection agency hired an attorney to collect a bad debt and the good news is that job was accomplished. However, the bad news is you didn’t know about it and, worse, you didn’t receive your share of the proceeds of the collection. First, I have to point out this is […]