Wallin & Russell is excellent at collecting debt. We have considerable experience in all aspects of the collection process, from initial demand, to filing lawsuits, to collecting judgments.
Our approach to debt collection matters is summarized as follows:
- Don’t talk, ACT quickly. It is wise to communicate and negotiate with debtors, but this is more effective after the debtor has been sued and/or after the debtor’s bank accounts, real estate and other assets have been levied.
- Be aggressive and apply pressure. It is easy for debtors to ignore creditors that sit on their rights. But it is difficult for debtors to ignore creditors who apply constant pressure. Debtors often relent to our firm’s persistence.
- Have expertise. Collecting debts and enforcing judgments in California requires precision and well-planned timing. The timing of a particular collection step often determines the step’s success.
- Be persistent and patient. Every creditor is anxious to collect. Successful creditors understand the benefits of persistence and patience. Certain judgment enforcement steps prove their worth months in the future. Collection steps should be designed to maximize recovery both in the short and long term.
Pre-Lawsuit Collections
Our attorneys can often collect debt without the need to file a lawsuit. When clients turn collection matters over to us, we typically research the debtor’s assets, then inform the debtor of what he/she faces if the debt is not paid. For example, we may inform the debtor that his real property will ultimately be sold by the sheriff to satisfy his debt. Many times a mere letter from our law firm is sufficient to resolve the matter.
Lawsuits and Provisional Remedies
When a lawsuit must be filed, we are able to quickly and cost-effectively move the matter from filing to judgment.
We also have ample experience with provisional remedies, including:
- Writs of attachment
- Writs of possession
- Receiver appointments
We have successfully used these steps to resolve lawsuits quickly as opposed to waiting for trial.
Judgment Enforcement
Our firm is extremely good at collecting judgments. We have enforced hundreds of judgments, numerous of which required complex steps to enforce. We employ virtually every judgment enforcement tool permissible in California, including:
- Forced sales of real property
- Fraudulent transfer litigation
- Charging orders
- Assignment orders
- Bank levies
- Wage garnishment
- Collecting from third parties
- Judgment debtor examinations
- Real property and personal property liens
- Domestication of out-of-state judgments