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 […]
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. […]
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 […]
What should a creditor do if a debtor sends a check with the notation: “paid in full” or other similar language, but the creditor believes a greater amount is owed? Does cashing the check settle the claim, thereby preventing the creditor from pursuing further collection? What happens if creditors cash this check without realizing the […]
In the current national mood of consumerism, there is a popular belief that debt collection is an assortment of villainous scavengers praying on innocent victims and who contribute nothing to our society and nation. Somehow, however, the good and positive effect of reputable debt collection agencies and lawyers seems to get lost in the bargain! Recently, […]
For Credit & Collection Professionals On a daily basis it’s routine for each of us in this industry to go to our email inbox and find several new emails from people who claim they represent major companies abroad, asking us if we handle breach of contract or collection cases. Then they invite us to send […]
Consider this scenario: You have already filed a lawsuit against a buyer or client to recover a debt. The lawsuit is contested – an answer by the buyer or client has been lodged with the Court. You believe your case is easily proven and yet… Your lawyer tells you he requires a witness to attend […]
Collection is sometimes a race: the priority of liens, or who reaches an account or tangible assets first, can make the difference between collecting a debt and being left out. Even when the debtor is solvent, placing pressure on the debtor is what it’s all about. Debtors stall, and litigation can take a year or […]
What makes a professional debt collector? From the timeliness and accuracy of reporting to collection strategy, there are many elements that determine the professionalism and success of your debt collector. Do you know who is collecting your bills? Elements of a Professional Debt Collector Reporting – Over the decades, I’ve had some clients tell me […]
When a company winds down and closes its doors, it can frequently leave creditors holding a bill. Your debtor goes out of business. Generally, California law grants wide deference to the protection provided by corporations to shareholders and directors, and grants similar immunity to new companies. It erects a wall against the former company’s creditors, […]