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 […]
Selling a Debtor’s Property
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 […]
Why John Oliver Is Wrong About Debt Collection
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 […]
Why Is a Qualified Interpreter or Translator Necessary
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 […]
Judicial Reference: An Enticing Alternative to Arbitration
This firm has long enthusiastically supported the use of arbitration clauses in contracts for the extension of credit, and arbitration clauses have been extensively utilized and litigated throughout the United States. However, many collection professionals are unaware of an alternative to arbitration available in California: Judicial reference. The Basics. California Code of Civil Procedure, Sections […]
Arbitration Update
This office has long enthusiastically supported the use of arbitration clauses in contracts for the extension of credit. Arbitration favors the creditor in several ways: disputes are more quickly and cheaply resolved, and it offers the parties more control over how the dispute will be handled. Although arbitration provisions have recently come under fire from […]
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 […]
As We Close 2015
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. […]