Consider this scenario: You have already filed a lawsuit against a buyer or client to recover a debt. The lawsuit is contested – an answer by the buyer or client has been lodged with the Court. You believe your case is easily proven and yet… Your lawyer tells you he requires a witness to attend […]
When Can a Contract Be Cancelled?
If you ask 10 Californian business people if they have the right to cancel a contract within 3 days of signing a contract with another businessman, I am willing to bet you 9 out of 10 will say “OF COURSE YOU CAN – DEFINITELY!” That is perhaps one of the most widely believed pieces of […]
Contract Damages in Collection Lawsuits
A delinquent account forces a number of costs onto the creditor. Employees spend time calling and writing the debtor attempting to collect. The creditor may be forced into delinquency on some of its bills, or fail to meet client demands. Then the creditor places the delinquent account with a debt collection law firm and may […]
When a Client Becomes a Debtor
Tools and Pitfalls When Collecting Delinquent Bills When a client becomes delinquent on its bill, but there’s still some hope the situation will be rectified short of writing off the account and placing it for collection, there are several tools available to a creditor to pressure the client to pay. Attaching Interest on a Debt […]
Should Salespeople be Involved in Collections?
This was posed to me as a topic recently and it raised my eyebrows after I had my initial knee-jerk reaction of wondering why anyone would want a non-professional involved in the collection process. However, deeper thought about it made me realize the sales force indeed has a role in ensuring delinquent accounts are paid […]
How to Choose a Debt Collection Law Firm
This is a very relevant question, which prompts a good bullet list of ideas and questions for you to use in the selection process of a debt collection law firm. Is Your Lawyer Qualified? Check your state’s Bar Association to ensure the lawyer is properly admitted to practice law in your state and to verify […]
The Best Debt Collectors Don’t Harass the Debtor
There I am at a party or in some other social setting and inevitably we get to the question, “Dave, what do you do for a living.” When I reveal I’ve spent a lifetime collecting debts – even on an international level, on come the snickers, raised eyebrows (like they just got confronted with the […]
The Out of Business Corporation and Successor Liability
by: David E. Greenberg In discussing the out of business corporation, one must first understand the nature of corporations in this country. The U.S. corporation is a legal entity unto itself, separate from the principals or directors. In other words our law regards a corporation as an actual person, complete with its own life, health, […]
Countersuit and Consequence
Just when you thought everything about your lawsuit against a U.S. debtor was going smoothly … BANG! The defendant files a countersuit against your company. What is a countersuit? It’s a lawsuit filed by a defendant against a plaintiff in direct response to a suit brought against the debtor by that plaintiff. The countersuit asserts […]
The Choices of Law and Venue in Sales Contracts
Throughout the world, there are competing legal systems of civil law used to govern the transactions occurring between international buyers and sellers. Here in the USA, our laws are mainly derived from English Common Law. The French have Napoleonic Law, while most Latin countries are steeped in both Roman Law and Spanish Civil Law and […]