Legal Question in Business Law in California
I am a third party (Corporate Investigations & Recovery Firm) and upon dealing with representing counsel that utilizes the legal veil as a procrastination tool to allow for more time for their, already delinquent, client. At what point is considered a reasonable amount of time, whereby I can now contact his client direct?
3 Answers from Attorneys
What's a "corporate investigations and recovery firm"? You are a licensed private investigator? As an attorney I can't contact another attorney's client directly, but I have no idea why you wouldn't be able to contact the client directly. If you are a debt collector you would be limited by the fair debt collection laws.
I agree with Mr. Stone, unless you are an attorney or working under the direction, supervision or control of an attorney or legal department, you are under no restrictions I know of from contacting an attorney's client at any time, subject to the limitations of debt collection and civil harassment law.
If this were consumer debt, the debtor could indeed require that a bill collector communicate only with his attorney. See Civil Code section 1788.14(c) and 15 U.S.C. 1692c. Whether there is any similar legislation regarding collection from corporations, I do not know, but I rather doubt it. Nevertheless, communicating through the attorney may be the only practical and effective way of getting anywhere if the corporation has demanded that you do so. You may be approaching the point where the only effective "communication" will be to file and serve a lawsuit.
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