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Creditors’ Rights FAQs

Creditors’ Rights FAQs

Collecting unpaid debts can be frustrating. At Garcia & Gurney, A Law Corporation, we are dedicated to providing creditors in and around Alameda and Contra Costa Counties with knowledgeable and reliable debt-collection guidance. For your benefit, we have compiled answers to these frequently asked questions:


What is an automatic stay and is there a way around it?

Debtors are granted protection under federal law when they file for bankruptcy. An automatic stay immediately stops all collection attempts, including foreclosures. If a creditor can show that an automatic stay jeopardizes the creditor’s interest in a specific property, the court may grant the creditor relief from the stay. Since every debt-collection case is different and involves different types of debts and properties, you should consult with a skilled lawyer at Garcia & Gurney, A Law Corporation for sound advice on how to move forward.

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How long will it take to collect a debt?

The time it takes to collect a debt varies on a case-by-case basis. In addition, if collecting monies owed requires you to file a lawsuit, the debt-collection process can take longer. However, if a debtor refuses to cooperate with your efforts to collect, taking legal action may be your only recourse. Although every case is different, it commonly takes from one year to 18 months to resolve a collection claim lawsuit in California.

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What is the benefit of hiring an attorney?

Collecting debt from an unwilling or uncooperative party can be difficult. A skilled lawyer can inform you of your rights as a creditor and the rights of the debtor, and ensure that you engage in lawful collection methods. In addition, an attorney can review the circumstances of your case and outline an optimal debt-collection plan that seeks to reimburse you in a timely manner. At Garcia & Gurney, A Law Corporation, our legal team understands of all aspects of debt collection in California.

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Experienced counsel for creditors in the Bay Area

Garcia & Gurney, A Law Corporation’s experienced and skilled lawyers understand the complex issues creditors face during the collection process. For help with a collections, labor, employment or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.

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