By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP The practice of law has endless highs and lows. Behind every victory, or so it seems, lays another potential legal concern that can take the rug right from under your feet. Due diligence and controlled paranoia, if you…
Articles Posted in Bankruptcy & Creditor Rights
COLLECTING FROM AN LLC
By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP Isn’t it irritating as a creditor when you discover in your contract with a customer/debtor that you don’t have a personal guarantee in the file and your only recourse on a delinquent account is against an entity, such…
DEBTOR EXAM
DEBTOR EXAM By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP I have been practicing law for almost 17 years. Throughout this time I cannot tell you how many times I have been contacted by creditors/judgment holders, asking to retain me so as to have their debtor…
CONTINUING GARNISHMENT V. GARNISHING AMOUNTS DUE
By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP I had an interesting collections issue arise the other day that is worth discussing. A self-represented judgment creditor was attempting to garnish a judgment debtor’s wages. The judgment creditor had repeatedly served a Writ of Continuing Garnishment on…
PROPERTY EXEMPT FROM COLLECTION
By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP One of the first things I discuss with new clients whom are seeking legal representation to collect money from their debtors is whether the debtor has any assets that can be collected upon. In my opinion, an attorney…
REPOSSESSION OF COLLATERAL
By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP One of the most important priorities for a creditor or lender when entering into a contract with a borrower or debtor is ensuring they have a perfected security interest in the property that is being purchased. The purpose…
COLLECTING ON A FOREIGN JUDGMENT
By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP As a judgment holder, it goes without saying that attempting to collect upon that judgment can be terribly frustrating, cumbersome, and unfruitful. Said otherwise, sometimes the process is just an emotional and physical drain. You invested so much…
COLLECTING ON A CRIMINAL ORDER OF RESTITUTION OR CRIMINAL JUDGMENT
By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP Have you ever been the victim of a crime? Ughhh! It can be so frustrating! First there is the event itself that caused your property to be either stolen, injured or damaged. This is where one is first…
COLLECTING ON A JUDGMENT
By Stephen J. Muhonen, Creditor’s Rights / Collections Attorney, Racine Olson, PLLP Congratulations! You won your court case and now have a money judgment entered in your favor. All of that time, effort, emotional energy, attorney fees and costs incurred, and just the drain of the process has finally funneled…
Some Judgments, Including Those Based on Fraud, Are Not Always Avoidable Through Bankruptcy
By Joseph G. Ballstaedt When deciding whether to sue a person or entity, you must be aware that the person or entity may not be able to pay a judgment awarded by a court or may be able to avoid paying the judgment, even if it has the means to…