Benjamin Law Offices represents individuals, non-profits, businesses, and lending institutions in establishing and enforcing their rights as commercial lenders or lessors.  We do not enforce consumer debts.

The firm has substantial experience in drafting loan documents.  We also routinely restructure secured and unsecured debt and enter into loan workouts and forbearance agreements with debtors.  This often results in the creditor being paid in full (or a substantial amount of money) with less legal expense.  We are familiar with the California Uniform Commercial Code, and advise clients on UCC issues to protect their interests, such as establishing and perfecting their security interests and following UCC requirements in repossessing and selling personal property collateral.

We often represent national companies, enforcing all of their commercial loans, leases, and transactions in the State of California.  Our attorneys domesticate sister-state judgments, turning them into a California judgment that is enforceable against a debtor’s assets in California.  We have successfully defended attempts to vacate sister-state judgments.  We also initiate lawsuits in California courts for breach of contract, replevin (repossession of equipment), conversion, and all other appropriate causes of action.  We are experienced in all aspects of commercial litigation, including pleadings, pre-trial motions, discovery, trial, and alternative dispute resolution.  In appropriate cases, we pursue provisional remedies of writ of attachment, claim and delivery, and receivership to protect our clients’ interests before judgment.

 

“The debtor entered into an equipment lease with the firm’s client using one corporation as lessee, but allowed that corporation to go defunct while operating the same business out of a new corporation.  After engaging in post-judgment discovery, the firm successfully established that the new corporation was a successor-in-interest of the former corporation, and the court ruled that the new corporation must be added as a judgment debtor to the client’s judgment.  This allowed the firm’s client to recover on its judgment instead of an insolvent and defunct corporation.”

 

Once our clients possess a judgment, we aggressively pursue collection of that judgment.  We have effective investigation tools for assessing a judgment debtor’s financial condition and finding assets.  Our expertise includes judgment debtor exams, real and personal property liens, wage garnishments, bank levies, turnover and assignment orders, keepers, adding additional parties to the judgment, recovering fraudulent conveyances, and many other collection tools.  We file memoranda of costs and fee applications to add our clients’ recoverable attorneys’ fees and costs to the underlying judgment.  We also assist our clients in selling and assigning their judgments if that is in the client’s best interest.

We seek to maximize our clients’ recovery of debts in a timely and cost-effective manner, and advise our clients of alternatives and associated costs every step of the way to meet the clients’ objectives in each matter.

For more information on creditors’ rights, please contact the lead attorney Wendy L. Benjamin.