DEBTOR DEFENSE | Consumeradvocate

DEBT DEFENSE & NEGOTIATION

Affordable Representation in Resolving

Individual and Business Debts

Debt Negotiation & Lawsuit Defense

Motions for Relief of Default

Motions to Vacate Void Judgments

Defense of Judgment Collection

Wage Garnishment Orders

Bank Levies

Abstract of Lien

Prejudgment Writ of Attachment

Defense & Negotiation of Creditor

Collection Lawsuits
Serving California Businesses and Individuals State-Wide

If you have been sued by a creditor, we can provide immediate assistance with affordable defense and negotiation services.

Creditors for individual consumer and business debts often take an aggressive approach in proceeding with formal legal action rather than providing any meaningful flexibility for the debtor to have either extended and/or modified payment options.

Our debtor services provide affordable defense and debt negotiation services for individuals and businesses served with lawsuits filed against them by creditors for defaults and delinquencies of all forms of credit, including credit card accounts, personal loans, payday advances, auto loans, refinancing and other.

If you have received service of a document with the heading “Summons” and an accompanying document, a "Complaint," it is important to respond in a timely manner.

This is a civil lawsuit in which the creditor is seeking to recover not only the balance owed on any delinquent or defaulted credit accounts, but also their cost and, potentially, the attorney's fees the creditor has incurred in pursuing such collection efforts to recover the balances owed on the debt.

When these collections lawsuits are not responded to in a timely or appropriate manner, they can and do result in very costly judgments being entered against the individual and small business debtor.

It can all be an overwhelming and stressful experience, but if you are dealing with these issues, it is important to seek out legal assistance immediately. There are available and affordable avenues of relief that can be explored.

Defense and Negotiation of Judgments, Garnishments and Bank Levies

When a civil suit is not responded to in a timely manner, this allows the Creditor to proceed with a judgment, followed by formal judgment collection measures.

These judgments will often, in turn, be for an amount higher than the original balance owed on the debt given that these judgments can include the creditor’s court cost, accrued and continuing interest, late fees and, potentially, the creditor's attorney's fees.

Once the judgment has been obtained, the creditor is then able to proceed in taking further formal collection action, which may include a bank levy, wage garnishment, lien on real property and related collection measures.

Simply because the creditor has already obtained a judgment, there may still be options available to resolve the debt with favorable terms.

Under certain circumstances, and also within certain time deadlines following the entry of the judgment, there are available provisions for filing a motion with the Court asking the Court for relief from the judgment or to vacate the judgment, or, in some instances, to void the judgment altogether for some underlying procedural defect or misstep.

We have extensive experience in both defending against judgments and judgment collection proceedings, as well as in negotiating payment arrangements with creditors even after the creditor has obtain a judgment, garnishment, levy or

other.

Defense Services for Business Debts

Depending on the type and terms of the loan, the creditor is able to attach or seize business assets prior to obtaining a judgment. This procedure is referred to as a prejudgment writ of attachment. A prejudgment attachment (C.C.P. § 484.090 and related provisions) is an available remedy for creditors whereby the creditor can actually secure the property interest of the business debtor before the creditor has actually obtained a judgment in a case.

In summary, this measure prevents the business from transferring, selling or otherwise disposing of the business assets during the pendency of the lawsuit.

For a business, which may include partnerships, corporations or related formation, any business property can be subjected to a prejudgment attachment. (C.C.P. § 487.010)

This means that for a business being sued by Creditors, they may have recently been served with a lawsuit based on a defaulted or delinquent debt and mistakenly think that they will have time to work out some solution; instead, the service of the lawsuit may be followed immediately by service of Prejudgment Writ of Attachment where the Creditor has been able to attach the business assets early in the case.