In California, You Can’t Amend Your Way Out of a Defective Debt Collection Lawsuit

Horst Legal CounselBusiness Litigation

If your business buys, sells, or collects charged-off consumer debt in California, there’s a habit worth breaking. When a collection complaint goes out with the wrong paperwork attached, the instinct is to amend it, swap in the right documents, and move on. But a new decision from the Court of Appeal says that instinct won’t protect you. The defect is …

When the Memo Line Won’t Save You: A California Court of Appeal Lesson on Reviving Time-Barred Debts

Horst Legal CounselBusiness Litigation

If your business is sitting on an old written loan that the borrower never repaid, and the only thing keeping your hopes alive is a couple of small, sporadic payments that arrived years after the due date, the California Court of Appeal just handed down a decision you should read carefully. Not because it broke new ground. Because it confirmed, …