Prejudgment Writs of Attachment

PrejudgmentWritsOfAttachment

Prejudgment Writs of Attachment Does someone or some company owe money to you or your company on a commercial debt? Have you provided goods or services to a customer but they haven’t paid you? Have you sold your business to someone and taken back a promissory note but the buyer has stopped paying you on the promissory note? Have they stopped returning calls?   Are they ignoring you? If so, maybe a prejudgment writ of attachment is right for your situation. A prejudgment writ of attachment is an order that your lawyer can get from the judge.  That order lets a sheriff seize the debtor’s assets and hold them until the lawsuit is over. This Helps In Three Ways.   First, once… [Read More]

Proactive Accounts Receivable Management

Business Litigation

Have you had problems getting paid? Does the thought of having to hound your customers to pay make you nervous? Have you postponed making certain investments in your business because you don’t have the capital but you have customers who owe you money? What would you think if we told you that there are things you could do when setting up a new account to help avoid having accounts receivable problems in the first place? Would you like to learn how to get your documents, systems and procedures in place so that you teach your customers to pay you on time, every time? If so, you may be interested in our Proactive Accounts Receivable Management Program. We started this program because… [Read More]

CAN A JUDGMENT DEBTOR EXAMINATION ORDER HELP YOU GET PAID?

Can A Judgment Debtor Exam Order Help You Collect?

The short answer is “Yes.” What is A Judgment Debtor Examination Order? A judgment debtor examination order (sometimes called an “ORAP”) is an order that you can get from the court after you obtain a judgment.   With this ORAP, the court sets a date for the judgment debtor to have to come into court and answer questions about their assets so your lawyer can then take steps to obtain those assets and get you paid on the judgment.  Your lawyer can ask about all the debtor’s assets, including bank accounts, stock accounts, real estate, intellectual property, or any other assets.  Your lawyer also can ask the debtor if anyone else (such as customers) owe them money because you can collect… [Read More]

YOU HAVE A SUSPENDED CALIFORNIA CORPORATION. NOW WHAT?

California Suspended Corporation - What to Do?

A suspended California corporation.   What does it mean?  What do you need to do? Why Did Your California Corporation Get Suspended? In California, if you do not pay your corporate taxes, your corporation will be suspended.   You can find this rule in California Revenue & Taxation Code section 23301.   The same thing can happen if you don’t file a corporate tax return.    This can also occur if you do not timely file either the original Statement of Information for your corporation or file  your corporation’s annual Statement of Information.  (See California Corporations Code section 2205.)  So, if your California corporation is suspended, it is likely because you did not (a) pay your taxes; (b) file a tax return or (c)… [Read More]

CAN AN ARBITRATION CLAUSE HELP YOU GET PAID?

Will an Arbitration Clause Help You Get Paid Faster?

Many clients ask about arbitration clauses.       Some have heard that it will help them get paid.   Well, we’ll give you a true “lawyer” response . . . .it depends. What is Arbitration? Arbitration is a way of determining a dispute between 2 or more people that does not use the court system.     In the court system, a judge who is paid by the government (either state or federal) decides who wins the dispute.   In arbitration, a private person, who can be either a retired judge or another professional, hears the evidence, hears the claims and makes his or her decision. What Is an Arbitration Clause? An arbitration clause is language or a “clause” in a written agreement.   It says that… [Read More]

WHY MAINTAIN CORPORATE RECORDS AND HOW TO DO IT

Corporate records must be maintained

Corporate records must be maintained to shield your personal assets from business liabilities.   Most business owners know that they need to form a separate entity or a corporation to protect themselves when they start a new business.  Sadly, many business owners don’t understand that if they don’t maintain their corporate records, that protection could go away.  This blog post explains what corporate records are, why they are important and how to maintain them. What Corporate Records Are Corporate records are those documents that describe what decisions and actions the corporation has made.  The decisions are made by the shareholders or owners.  The shareholders appoint directors.  The directors oversee the operating of the company and appoint officers to operate the company.  The corporate records show what types of… [Read More]

WHEN CAN YOU FACE PERSONAL LIABILITY FOR BUSINESS DEBT?

Personal liability for business debt

Avoiding personal liability for business debt is why most business owners form a corporation or limited liability company (LLC).  With a corporation or LLC, an individual and their business are separate legal entities. An owner has no personal liability for debts that their business incurs. However, even if you do form a corporation or LLC by filing the proper papers with the Secretary of State to start your corporation or LLC, there are various ways an owner can negate the premise that the corporation is a separate entity and face personal liability for business debts. Most banks, finance companies, and landlords know that LLC members don’t have personal liability for their company’s debts, so they often won’t extend credit or… [Read More]

CAN YOU CHOOSE YOUR CALIFORNIA JUDGE?

Can You Choose Your California Judge?

I am often asked whether you can choose your California judge.    The answer is “No,” but sometimes you can reject your California judge. Huh? In California, there is a a statute, California Code of Civil Procedure section 170.6.    With that statute, you can “170.6” or “affidavit” your California judge. This is how it works.   After you learn who your judge is, if you are in California state court, you may have a right to file an affidavit about that judge.   In the affidavit, you or your lawyer states that you believe that the particular judge is prejudiced against the lawyer or you.   If the declaration is filed on time, normally it will be granted.   The supervising court will then take… [Read More]

SMALL CLAIMS COURT: CAN IT HELP YOU GET PAID?

Small Claims Court May Be an Effective Way to Get Paid

Small claims court can sometimes be an effective way to get paid for debts less than $5,000 for a corporation or $10,000 for an individual.   Here’s what you need to know about small claims court in California. HOW IT WORKS: In California small claims court, there are no lawyers, juries or rules of evidence in California.   You pay between $30-$100 to file it.    After you file and start your small claims court case, the court will set the date for the hearing.   You then must serve notice of the hearing and a copy of your complaint on the person who owes you money (the defendant).    He or she can respond and even seek money they think you owe him or… [Read More]

SOCIAL HOST LIABILITY IN CALIFORNIA: CAN YOU GET SUED FOR SERVING ALCOHOL?

Social host liability - could you be liable for a guest?

In California, can you face social host liability?  What IS social host liability?   Briefly, social host liability means that someone sues the social host for serving alcohol when a guest hurts someone (or him or herself) while inebriated. So, picture  this – you’re hosting a big event for the holidays.  You’ve invited a lot of people and made sure that the food, desserts, and gifts are ready.  But that’s not all, you’ve also arranged for alcohol to be available throughout the party.  Everyone has a great time sharing stories, reminiscing, and having a few drinks.  Around midnight, everyone begins to head out and make their way home. Just a few hours later, though, you receive a call that someone who… [Read More]