Collections & Creditor Rights

Primary practice area

Civil Procedure, Collections & Creditor Rights, Litigation

Bagby v. Davis — California Law Governs Collection in California Courts; Surrendered Life Insurance Policy Not Necessarily Exempt

/ February 17, 2026

Second District holds California exemption law applies to collection actions in California courts regardless of where the judgment debtor lives, and that funds rolled over from a surrendered life insurance policy into IRAs are not categorically exempt from levy.

Collections & Creditor Rights, Litigation

Spring Oaks Capital SPV v. Fowler — Debt Buyer Cannot Win Trial Without Disclosed Witness Address and Properly Authenticated Business Records

/ February 3, 2026

Santa Clara Appellate Division reverses a debt-buyer’s trial judgment, holding the trial court erred in admitting testimony from an undisclosed witness and account records that were not properly authenticated under the business-records hearsay exception.