COLLECTIONS

If you need assistance with a collection matter, we strongly suggest an initial meeting to analyze the value of your claim and the appropriate course of action.

There are several factors that must be analyzed carefully in order to ensure that your collection efforts are cost-effective and productive. For example, 

Do you have a right to recover your attorney’s fees? 

A written agreement is usually required in order to collect attorney’s fees in California. 

Do you have the right to collect prejudgment interest? 

In California, the statutory rate of interest is 10% per annum, but you can contract for a higher rate. 

Are the Debtor’s assets exempt? 

For example, in California, the homestead exemption for real property can be as much as $600,000. 

Is there a statute of limitations issue, which in California for most collection accounts will be either four years or two years? 

Once we have discussed your claim or account and analyzed the issues, we can provide you with a cost estimate and a prognosis for your success.

The following are a variety of services we provide to assist in your collection matters:

Enforcement of Judgments
• Writ of Execution
• Wage garnishment: up to 25% of disposable earnings
• Bank levy
• Judgment liens on real property
• Examination of debtors under oath (debtor’s examination)

Mechanics Liens
• Recording – preparing forms and assisting with timely recording
• Filing court action to enforce Mechanics Lien

Bankruptcy Considerations
If you are a debtor and are considering bankruptcy to stop collection efforts, please go to our Bankruptcy section to see your options.

Renewal of Judgments

Unfair Collections
• Federal Fair Debt Collection Practices Act
• California Fair Debt Collection Practices Act
• Fair Credit Reporting Act

Post-Foreclosure Remedies