What are Supplemental Proceedings? How are They Used in Collections?

When a person or entity obtains a judgment against a debtor, information regarding a debtor’s assets may not be readily available. Without a clear picture of the debtor’s finances, a creditor runs the risk of utilizing a collection method (i.e. garnishment, personal property execution, real estate execution, etc.) that is not tailored to the debtor’s […]

Non-Judicial Foreclosure of a Deed of Trust

A deed of trust is a security instrument whereby legal title to real estate is transferred to a trustee, who holds title as security for a loan (debt) between a borrower and lender. The borrower is referred to as the grantor and the lender is referred to as the beneficiary. In the event a borrower […]

What is Temporary Restraining Order or Preliminary Injunction? How is it Useful to My Business?

If your business is involved in a conflict with a former employee, a business competitor, or other party, a temporary restraining order or preliminary injunction may be useful to protect your business’ interests. Temporary Restraining Orders The primary purpose of a temporary restraining order is to preserve the status quo and/or quickly prevent an opposing […]

What is the “Automatic Stay” in Bankruptcy?

One of the fundamental statutory protections provided by the Bankruptcy Code is the known as the “automatic stay.” See 11 U.S.C. § 362. The automatic stay is an important device for both the individual or entity in bankruptcy and the individual or entity’s creditors. The automatic stay comes in to effect immediately when an individual […]

What is a Dissenter’s Rights Action?

The purpose of the Washington Dissenter’s Rights Statute, RCW 23B.13 et seq., is to protect the property and rights of minority corporate shareholders in extraordinary events such as mergers or the sale of “all, or  substantially all” of a corporations’ assets. See RCW 23B.13.020. The statute provides protection to minority shareholders by according appraisal rights. […]

How Much Can I Garnish from a Debtor’s Paycheck or Bank Account?

If your business wants to collect a judgment, you  may consider a garnishment proceeding. See generally RCW 6.27 et. seq. In Washington, a garnishment proceeding generally allows a creditor to collect his or her judgment from the debtor’s paycheck or bank account, with some exceptions. Washington statute places limitations on the amount a creditor can […]

My Business Has a Judgment Against a Debtor. How Can My Business Collect the Debt Owing?

If you recently obtained a judgment against an individual or entity, you may be wondering how you can most expediently satisfy the judgment. It is a common misconception that a debtor will simply “pay up” when a judgment is entered. Unfortunately, obtaining a judgment is generally only half the battle. A creditor frequently has to […]

I’m a Creditor in a Chapter 11 Bankruptcy. Now What?

If you recently received notice that an individual or entity filed for Chapter 11 bankruptcy protection, you may have many questions regarding your rights as a creditor. Are there any actions you are required to take to preserve your rights? What exactly is a Chapter 11 bankruptcy? Chapter 11 Proceedings A Chapter 11 bankruptcy is […]