Business Collections

“Along with our litigation and alternative dispute resolution expertise, our breadth of experience and ability to apply practical solutions to business disputes provides our clients with permanent and cost-effective solutions…”

Our business collections practice is uniquely suited to quickly and efficiently recover the amounts that are due to you. We have successfully represented individuals, companies and institutions of every kind in recovering their money. Our practice includes recovery for any breach of contract, theft, fraud or embezzlement occurring in the State of California.

Although not widely recognized, in certain situations California law permits a victim of breach of contract, theft, fraud, or embezzlement to immediately file a lawsuit against the perpetrator and request a court to issue an order known as a Right to Attach Order and Writ of Attachment. If successful in obtaining these orders, you are permitted to immediately have the assets of the defendant seized pending resolution of your case. If you are concerned the defendant might seek to conceal or dispose of his or her assets, an experienced attorney may be able to freeze those assets before the perpetrator has an opportunity to do so.

Over the last thirty years, Kirk & Toberty has developed anexpertise in the use of prejudgment right to attach orders, writs of attachment and the law relating to both express contracts and “implied-in-law contracts”. This expertise has allowed our office to successfully represent clients in actions for breach of contract and related claims, and theft, fraud and embezzlement actions using the prejudgment writ process.

Examples of cases in which we have obtained prejudgment orders include:

Breach of A Written Promissory Note – K&T obtained a Temporary Restraining Order and Writ of Attachment Against the Defendant

Embezzlement by Employee – K&T recovered approximately $3,000,000 from Defendants within four months

Fraud and Embezzlement by Real Estate Broker – K&T Obtained an Immediate Order for Seizure of Broker Assets

Contractor Fraud on Home Remodeling Project – K&T Obtained Favorable Settlement Within Eight Weeks of Filing Lawsuit

Fraudulent Use of Company Credit Cards and Embezzlement by Employee – K&T Obtained Immediate Lien on Employee’s Home

We have a website dedicated to these issues at
Contact Us
2201 Dupont Drive, Suite 820, Irvine, CA 92612
Mr. Kirk received his Juris Doctor degree cum laude from University of the Pacific McGeorge School...Read More
Mr. Toberty received his Juris Doctor degree cum laude from Regent University School of Law in Virginia in 1990. He was a member...Read More
At Kirk & Toberty, we have more than sixty years of combined experience representing our clients in court. During that time we have successfully represented thousands of clients. We understand that the possibility of becoming involved in legal matter... Read More
The information on this Family Law Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
Phone: 949-851-0355
Fax: 949-851-1250
2201 Dupont, Ste. 820, Irvine, CA, 92612

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