The Guerrini Law Firm
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Areas of Practice
Collections
Domestication of Judgments
Mechanic Liens
Real Estate Litigation
Business Litigation

Contac tUs

Collections Litigation

The Firm handles a large volume of debts placed for collection. While our practice emphasizes debt enforcement by litigation, we also arrange for pre‑litigation handling of all variety of debts, both retail and commercial. We are routinely retained to collect finance lease deficiencies, automobile deficiencies, sold out junior liens, overdrafts, bad checks, wrong way wire transfers, insurance premiums, transportation invoices and bills of lading, student loans, medical bills, veterinary bills and attorneys' fees.

We are also regularly retained to foreclose on security interests, debts secured by real property, personal property, and personal guaranties. We enforce retail and commercial debts, including personal guaranties and suretyships.

We have a large domestication practice, where we are retained by out‑of‑state law firms to domesticate sister state judgments in California state and federal courts. We have litigated myriad post judgment issues, and we are uniquely qualified to represent creditors seeking post judgment enforcement of sister state judgments as well as those persons seeking to enforce commissions and letters rogatory from sister state courts.

Our debt collection practice is managed by proprietary software to ensure that all matters are handled efficiently and brought to resolution in the fastest way possible. We regularly reconcile costs advances with monies expended, generating trust reconciliation reports where required, and issue prompt remittances.

Our offices are equipped with the latest technology. The bulk of our communications are by email, and our software allows us to quickly provide scanned copies of key documents, including pleadings, judgments, and writs. Often, the key to effective debt collection is speed. To that end, we promptly acknowledge claims, strive to make contact with the debtor within the first ten days of receipt of the claim, and generally schedule a first report to the client within thirty days of receipt of the claim.

Many clients retain the Firm to manage their collection litigation nationwide. And though the bulk of our collection litigation occurs within the State of California, the Firm accepts debt collection matters anywhere in the United States on a contingency, hourly, or flat fee basis.

DEBT ENFORCEMENT

A substantial amount of the Firm's resources are devoted to the collection of debts from those individuals and companies that don't want to pay voluntarily for debts they have incurred. We enforce both consumer and commercial debt, for both one‑time clients as well as institutional creditors. In fact, the bulk of our collection litigation is on behalf of large, national creditors. Our clients include automobile finance lenders, business equipment lessors, banking and other financial institutions, receivers and other court‑appointed persons, as well as many large national corporations. We handle the entire state, so no matter where your debtor is domiciled, we have attorneys that are prepared to litigate the matter and bring it to a resolution.

FAIR DEBT COLLECTION PRACTICES ACT AND ROSENTHAL ACT DEFENSE

Increasingly, debtors are alleging FDCPA and/or Rosenthal violations against our creditor and agency/third party collector clients. We are uniquely qualified to litigate these types of claims and bring them to a resolution without need for lengthy litigation or trial. This area of the law is complicated, and our litigators pride themselves on having the experience to effectively and successfully represent our clients in order to obtain successful settlements or verdicts.

FORECLOSURE

Where non‑judicial foreclosure of trust deeds is not available ‑ or desirable ‑ the Firm files suit to obtain a decree of judicial foreclosure. This situation arises generally where the trust deed is esoteric in nature and does not permit a non‑judicial foreclosure, or when the lien claimant is the holder of a judgment lien that was not paid when the attached property transferred from the judgment debtor to a new owner. Either way, judicial foreclosures can be traps for the unwary, and the Firm's litigators pride themselves on being thorough and knowledgeable in this area of the law.

FOREIGN JUDGMENTS

Under the Uniform Foreign Judgments Recognition Act, as adopted in California, the Firm is regularly engaged to file new lawsuits in Superior Court to enforce judgments obtained in non‑U.S. jurisdictions. The nature of defenses available to debtors is unique and esoteric and requires expertise in this field in order to mount a successful attack against the recalcitrant debtor. We are judgment enforcement professionals and uniquely qualified to undertake whatever means necessary to convince the debtor to pay the judgment. With foreign judgments, unlike domestic judgments, the court will not presume that the judgment is enforceable; it is up to the judgment creditor to prove this fact. We are proud to have been retained many times to obtain recognition of foreign judgments by the courts in California.

JUDGMENT ENFORCEMENT

We are judgment enforcement professionals, and whether we are enforcing judgments which have resulted after our own efforts or whether we have been retained specifically to enforce judgments obtained by others, we will do everything possible to extract compliance from the debtor. Compliance in the vast majority of cases means payment, but sometimes, it means compliance with the court's order. If that is what you need, we will do what is necessary to obtain contempt orders against the judgment debtor. Compliance with the judgment oftentimes means protracted efforts, and sometimes, years ‑ or decades ‑ of litigation. Nevertheless, we will chase your debtor until the matter is resolved. We treat your judgment as ours.

MECHANIC LIENS

The Firm maintains a thriving practice of filing suits to foreclose on mechanics' liens recorded by contractors against property to which they have provided services, labor, materials and/or equipment. A highly technical area of the law, mechanics' lien foreclosure amounts to a significant area of the Firm's practice. For contractors, we offer a tiered contingency fee structure, thus permitting a contractor to economically foreclose on his/her lien and obtain satisfaction with minimal expense. The Firm is also regularly called upon to defend against bogus lien claims, and we have been successful in expunging liens both with and without the direct filing of suit. We have extensive experience representing banks, bonding agents, subcontractors, general contractors, homeowners, commercial property owners, and developers.

RECEIVERSHIPS

When necessary, the Firm seeks the appointment of a receiver. This requires extraordinary action by counsel and the court, and in general, the court will only appoint a receiver over property in extreme circumstances. In practice, this typically occurs in one of three situations: (1) When a borrower (with a loan secured by real property) is in default, and the property is generating significant income flow that could fund the installment payments required by the loan; (2) when the property itself is in danger of being devalued or has in fact been devalued beyond the face amount of the loan, or (3) in the post judgment context, when a judgment debtor who refuses to pay a judgment, has the right to a stream of income generated by a particular property, either his own or in the control of a third party.

SISTER STATE JUDGMENT ENFORCEMENT

The Firm is regularly retained to assist in the extraterritorial recognition and enforcement of judgments ‑ i.e. full faith and credit ‑ and procedures to enforce out‑of‑state (sister state) and foreign country judgments in California, as well as California judgments in other jurisdictions and/or against property in other jurisdictions. This involves: (1) The domestication of sister state judgments; (2) The registration of federal judgments; (3) The domestication of foreign judgments; and (4) The confirmation of foreign arbitration awards.

WRITS OF ATTACHMENT AND WRITS OF POSSESSION

Unique pre‑judgment remedies in California include writs of attachment and writs of possession. These are granted in certain situations, subject to strict statutory requirements as well as the posting of a bond. Nevertheless, when warranted ‑ and available ‑ we will seek issuance of either. When they are issued, the result is that the action tends to settle quickly, or at a minimum, act as a catalyst to start settlement discussions.