This has been a sensational year for our law firm. We’ve had the privilege of gaining quite a few new clients, both from the United States and abroad. It truly is a humbling set of emotions to know we’re in a position to help those clients with their cases and just to answer questions about […]
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 […]
Can I Cash This Check Without Compromising My Claim?
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 […]
The Positive Effects of the Debt Collection Industry in the USA
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, […]
Prejudgment Writ of Attachment
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 […]