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Home / Practice Areas / Other Creditors’ Rights
Other Creditors’ Rights

Trusted Counsel for Creditors in Alameda County

Let a skilled legal team help you collect unpaid debts

Creditors have many options when it comes to collecting unpaid debts. However, debt collection can still be difficult. Garcia & Gurney, A Law Corporation helps businesses with their collectibles through formal and informal actions. We can review your situation, provide you with sound legal advice, and ensure that you are complying with federal and state laws.

Collecting payment from past-due accounts

When a debtor owes a significant sum of money on a credit card or other type of unsecured debt, the creditor has certain rights in collecting monies owed. The first step for a creditor to take in collecting a debt is to receive a judgment from the court. If the creditor receives a judgment against the debtor, the creditor can attempt to collect on the past-due account. Below are some of the methods an unsecured creditor may use to recover a debt:

  • Lien: Creditors can file a lien against a debtor’s real estate. For the debtor to sell the property, the lien must be paid off. Money obtained from the sale of the real estate can be used to pay the lien.
  • Bank levy: Another option for unsecured creditors is to attach a levy to a debtor’s bank account. This freezes the debtor’s assets and allows creditors to use the funds to pay the balance of the past-due account.
  • Wage garnishment: An unsecured creditor can have a debtor’s wages garnished to pay off an outstanding debt.

Repossessions and foreclosures

When a creditor gives a person a loan to purchase an item like a car, the lender has the legal right to repossess the car to satisfy the debt if the debtor fails to make payments. This ability is granted to creditors through a signed contract between the creditor and the debtor, and thus the lender does not require a court order to repossess property to satisfy a debt.

Similarly, a homeowner must make payments on time to avoid having the home foreclosed on. A creditor can use a foreclosure to obtain collateral for a debt. However, foreclosures are not as simple as repossessions and thus, if you are creditor, it is in your best interest to seek experienced counsel as soon as possible. At Garcia & Gurney, A Law Corporation, we have helped clients throughout California collect on all types of outstanding debts.

Consult with knowledgeable attorneys in Pleasanton

At Garcia & Gurney, A Law Corporation, we thoroughly understand the law and creditors’ rights in California. 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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Client Testimonials

  • "Melinda Garcia came very highly recommended by two colleagues who raved about her expertise and assertiveness. She and her team are extremely responsive and help us navigate the legal challenges of our consulting business. We're thrilled to have Melinda on our side!"

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