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Assignment for the Benefit of Creditors: A Remedy to Avoid Bankruptcy

When it comes to California contract law, ABC contracts are a well-established tool that can help individuals and entities avoid a formal bankruptcy filing. “ABC” stands for “Assignment for the Benefit of Creditors,” and the term describes a contract in which an economically troubled “Assignor” transfers control of its assets and property to an independent third party. This third party is called the “Assignee,” and they liquidate and wind-up the entity. 

Money Judgment Collection: Bank Account Levy

In the last article on money judgment collection, I provided some information on how a judgment creditor could garnish the wages of the judgment debtor. If the judgment creditor has some knowledge about the debtor’s assets, he or she can also potentially levy on a bank account.

Money Judgment Collection: Wage Garnishment

In the last post on this topic, I suggested that the judgment creditor first try asking the judgment debtor to pay the amount to satisfy the judgment. If getting the debtor to satisfy the judgment willingly is out of the question, it is time for the creditor to assess the debtor’s assets. In the best scenario, the creditor has some knowledge of the debtor’s assets and finances, even if only in a very general sense. For example, if the creditor knows the debtor is currently employed, then they can try to garnish the debtor’s wages.

Money Judgment Collection: Collecting without judgment debtor asset information

So a court has entered a money judgment in your favor against a debtor- you’ve won, right? While obtaining a judgment is the first step in the process of collecting on a debt, it is unlikely that the judgment debtor is simply going to hand the money over. However, asking the judgment debtor to pay the amount due is probably the best way to start the collections process, before you expend any money or time in the other collections processes, which can be complicated. Moreover, this is the best way to start if you do not have any information about the judgment debtor’s assets.

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