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Struggling to obtain the repayment of debt is a common problem, sadly.  Regardless of the type of debt creditors seek to collect -- be it business or consumer debt --  it is essential that creditors understand what is allowed, and prohibited, following debtors' failures to pay. During the debt collection process, California creditors must follow the restrictions contained in both the federal Fair Debt Collection Practices Act and California’s Rosenthal Fair Debt Collection Practices Act.  Listed below are some of the key rules contained therein that creditors should be aware of prior to initiating the collection process. Creditors are afforded the ...

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A key development for creditors seeking to collect business debt or collect judgments in California: In July 2015, the Uniform Voidable Transactions Act was signed into California law.  This new law has implications for both debtors and creditors, as it modifies and replaces the former Uniform Fraudulent Transfer Act.  As creditors know, collecting debt in California often involves pursuing fraudulent transfer claims.  Creditor and collection law firms, such as ours, regularly see debtors transfer away their assets in the hopes of preventing levy, garnishment, etc.  Collection attorneys and law firms are well served to ...

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When a debtor's assets are easy to find and obtain, collection attorneys may be of limited benefit.  But often times, debtors make things difficult for creditors.  In complex cases, an experienced collection attorney can make an enormous difference.  In Orange County and throughout California, The Wallin Firm is highly respected as a collection law firm and collection attorneys that aggressive enforce creditors' rights, especially in complex cases. As an example of a somewhat complex scenario, what happens when a creditor has obtained a judgment against a debtor and wants to perform a bank levy, ...

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