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Dec 04 Firm Articles

San Diego Creditor’s Rights Attorneys

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If an individual or business owes you money and they refuse to pay, what can you do? You do have rights and remedies available to you but if you delay, you could find yourself waiting in line behind more aggressive creditors. And if you are not familiar with the procedures and rules of debt collection, you could wind up spending too much time and too much money with too little success.

The simple truth is you want to collect on your debt in the fastest and most cost-effective way possible.

How do I enforce my Creditors Rights in San Diego?

The San Diego Creditor’s Rights attorneys at Higgs Fletcher & Mack have substantial experience representing clients at each step in the collection process, and we offer a number of debt collection services including:

  • Pursuing pre-litigation remedies such as:
    • Writing strong and effective demand letters, backed by one San Diego’s oldest and most prestigious law firms with over 70 years of experience.
    • Filing lawsuits tailored to the needs of your particular collection case.
  • Pursuing pre-judgment remedies such as:
    • A writ of attachment to place a lien on property prior to judgment.
    • A writ of possession to repossess personal property collateral.
    • A receiver to take over and run businesses or collect rents.
    • Non-judicial and judicial foreclosures to recover real property collateral.
  • Pursuing post-judgment remedies such as:
    • A writ of execution authorizing collection of your judgment such as bank levies.
    • A judgment debtor examination regarding available assets.
    • Wage garnishment.

Creditors Rights and Bankruptcy

In the event that your debtor files for bankruptcy protection during the collection process, it will trigger what is called the “automatic stay.” The automatic stay halts all further collection efforts, and sets in motion the process for the debtor to discharge their financial obligations.

If you fail to act quickly before your debtor begins the bankruptcy process you could lose valuable rights and substantially reduce your chances to recover the money owed to you. Missed deadlines and poorly organized paperwork could detrimentally affect your collection rights and ultimately cost you money. Unless you have an experienced professional protecting your interests you could risk your entire case.

Why you need San Diego Creditors Rights attorneys Higgs Fletcher & Mack

The San Diego Creditor’s Rights attorneys at Higgs Fletcher & Mack also have substantial experience in representing creditors when their debtor files for bankruptcy.

Some of our services include:

  • Motions for Relief from the Automatic Stay to continue your collection efforts.
  • Filing challenges to the debtor’s bankruptcy case including:
    • Objections to dischargeability of your particular debt under Bankruptcy Code section 523.
    • Objections to the debtor receiving a discharge of any debts under Bankruptcy Code section 727.
  • Filing your proof of claim and defending against objections to your claim.
  • Defending against preference actions — a lawsuit usually brought by a bankruptcy trustee seeking to recover payments that you received from the debtor within a certain period before the bankruptcy case was filed.

Creditor’s rights are more than just debt collection. Although full payment is the ultimate goal, there are a host of issues involved to ensure that you receive the maximum payment from your debtor, and many are time-related. The sooner you contact a San Diego Creditor’s Rights attorney at Higgs Fletcher & Mack, the sooner we can begin to protect your financial investment.

Let Higgs Fletcher & Mack represent you today

If you need legal counsel enforcing your creditor’s rights in San Diego, you need to contact the attorneys at Higgs Fletcher & Mack immediately. Many bankruptcy and creditors rights issues are time-sensitive, and the longer you delay the larger the chance grows that you may never be able to collect on the money owed to you.

Considering Bankruptcy? Consult with an Experienced Bankruptcy Attorney Today.

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Let us help you as well. Contact the San Diego Chapter 11 bankruptcy lawyers at Higgs Fletcher & Mack today!

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