In this case, I represented a client pursuing a debt. The debtor filed a cross-complaint back against the creditor for alleged collection-related torts of defamation, infliction of emotional distress, and invasion of privacy. In the end, I got the cross-complaint thrown out at an early stage and avoided time and expense of costly discovery or, even more costly, summary judgment or trial.
I won a default judgment for a client on a breach of contract case on a loan. Afterward, I immediately enforced that judgment against the debtor’s pending lawsuit against a third party by filing liens in the case and levying the parties in the third party case. Luckily, the debtor’s case was settling, and the judgment was paid immediately in full.
For this case, I negotiated the prompt payment of a creditor’s overdue promissory note after service of the lawsuit. The case settled for payment in full of principal, interest, court costs and attorney’s fees.
I assisted a client in enforcing a judgment close to expiring. I was the fourth professional involved in trying to collect the judgment. After amending the judgment, investigating assets after the debtor filed bankruptcy, and obtaining relief from stay, the judgment settled through payment from a long-lost liability insurer.
In this case, I assisted a client with the enforcement of a promissory note. The promissory note called for real property collateral, but there was no deed of trust. We promptly filed suit and recorded notice of the pending action. Part of the claim was to impose an equitable deed of trust and conduct a judicial foreclosure of it. That kept the client’s options open to pursue a deficiency judgment. This activity led to a settlement, recorded deed of trust, and debt was paid out of sale of property. No foreclosure was needed.
The debtor filed a cross-complaint back against the creditor for alleged collection related torts of defamation, infliction of emotional distress, and invasion of privacy. Cross-complaint thrown out at an early stage and avoided time and expense of costly discovery or, even more costly, summary judgment or trial.
Immediately enforced that judgment against the debtor’s pending lawsuit against a third party. This was by filing liens in the case and levying the parties in the third party case. Luckily the debtor’s case was settling, and the judgment was paid immediately in full.
Case settled for payment in full of principal, interest, court costs and attorney’s fees.
I was the fourth professional involved in trying to collect the judgment. After amending the judgment, investigating assets after the debtor filed bankruptcy and obtaining relief from stay, judgment settled through payment from a long-lost liability insurer.
We promptly filed suit and recorded notice of the pending action. Part of the claim was to impose an equitable deed of trust and conduct a judicial foreclosure of it. That kept the client’s options open to pursue a deficiency judgment. Activity led to a settlement, recorded deed of trust, and debt was paid out of sale of property. No foreclosure was needed.
28 N First St #400
San Jose, CA 95113
By Appointment Only
Copyright © John F. Bradley, Jr. Attorney at Law | All Rights Reserved