The goal of any collections professional, including lawyers, is to collect the claim with as little time and cost as possible. The creditor must constantly make the calculation: is the additional time and money I’m going to spend on this claim worth the increased return? This calculation becomes most intense when considering trial in collections […]
What is the Foreign States Immunity Act (FSIA)?
Did you ever want to sue a foreign government? If so, your case would be greatly impacted by the Foreign States Immunity Act (FSIA) of 1976. Pursuing a legal matter against the government of another country can be complicated. Consider the following case study. Though fictional, it is based upon real events. Who Are The […]
Why Must We Send A Witness?
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 […]
Prejudgment Writ of Attachment
Collection is sometimes a race: the priority of liens, or who reaches an account or tangible assets first, can make the difference between collecting a debt and being left out. Even when the debtor is solvent, placing pressure on the debtor is what it’s all about. Debtors stall, and litigation can take a year or […]
What to Do When Your Debtor Goes Out of Business
When a company winds down and closes its doors, it can frequently leave creditors holding a bill. Your debtor goes out of business. Generally, California law grants wide deference to the protection provided by corporations to shareholders and directors, and grants similar immunity to new companies. It erects a wall against the former company’s creditors, […]
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 […]
Why Use a Credit Application
1) Protection From Bad Debt At the inception of a new business relationship, it may be difficult to imagine that this exciting new client will one day become a frustrating debtor. However, all debtors start out as customers. It is crucial to protect yourself from the beginning, and it is easy to do so with […]
Final and Binding Arbitration
A Quicker, Cost Effective Alternative to a Lawsuit Move your receivable disputes out of the courtroom and into the conference room – and you could drastically cut your international litigation budget! Opting to go with Final and Binding Arbitration not only reduces expenses – it can speed up your recoveries as well. What is Final […]
D/P, D/A, and Their Use in International Sales Transactions
Most sellers are very familiar with Open Account (O/A) and Letter of Credit (L/C) transactions. In the international arena, open account sales are regarded as having the most risk; letter of credit transactions as having the least. Between these two poles, however, are two lesser-known transaction types: Documents Against Payment (D/P) and Documents Against Acceptance […]
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 […]