Contractors who service or provide goods to New York real estate possess an advantage over other unsecured creditors in New York. They may be able to lien real property without filing suit and without the owner’s permission. This New York collection attorney wants you to utilize all tools to collect any monies
You’ve heard it before: “Do not wait to send your invoices out. “BILL, BILL, BILL!” Granted, sometimes prompt billing is not possible — perhaps a job has not been closed out or a partner has not submitted his time — and an invoice (or two) falls behind. Regardless, you should
A good contract is comprehensive. When drafting a contract, everything discussed and agreed upon should be included in the physical document. Do not rely on contract negotiations, comments, conversations, or notes taken during the contract’s preparation or signing. If part of your agreement isn’t featured within the contract, even if
Credit applications. What may come to mind are the stacks of endless forms or repetitive on-line applications. Lengthy requirements to be completed before a lender would consider a request for a line of credit or financing. When asked to sell on terms, you make credit decisions. Without specific information about
I first heard the term “litigation discount” a few weeks ago from my adversary on a New York debt collection case. My client, a Chinese mattress pad manufacturer, was owed monies for goods shipped to New York. The defense was a claim that the cartons in which the mattress pads
The consequences of bad behavior may mean a forfeiture of the right to get paid. The “Doctrine of Unclean Hands” can prevent a party from benefiting from his own bad actions. If a party acted dishonestly or fraudulently with respect to a claim, the Court may apply the Doctrine of
Your collection manager gave it their best shot — calls, letters, emails, faxes, an offer to go to debtor’s premises to pick up a check — before referring your non-paying customer out for collection. If the debtor doesn’t respond, or the responsive is not productive, your best option is to
Arnold V. Goldstein, retired partner of Frank, Frank, Goldstein & Nager passed away unexpectedly. We will always remember Arnold as the terrific mentor, friend and partner.
After months of trying — and failing — to successfully collect monies owed by a former customer, chances are it’s time to consult someone with debt collection experience. Perhaps you’ve done your research: You’ve investigated local firms and agencies, taken notes, and compared fees. You’ve done the math, but have
So much emphasis goes into sending a client a “final demand” letter. The letter, if you choose to send one can be as simple as one paragraph. A suggested format can be found here.