You weren’t paid and want to collect your money. You need to move forward with debt collection immediately. Where do you turn? Where should your claim be pursued?
Venue is the place or location where the disputed matter should be pursued.
Venue can be based upon where one or more of the parties reside, where the contract was negotiated, where the work was performed and/or the place where the goods were delivered. If you or your defaulting customer or borrower has a presence in New York and/or the work was performed here and/ or goods delivered to New York, New York should be the proper venue for your debt collection case.
Even with a lack of connection with New York the business debt collection case can be mediated, arbitrated or litigated in New York. You can venue your debt collection claim in New York by including a venue provision clause in your contract which specifies New York as the proper venue for all fee disputes.
A contract can specifically provide for debt collection venue in New York for reasons that may not be related to the underlying transaction. Reasons to venue and resolve fee disputes in New York may include favorable case law for creditors, sophistication of Arbitrators, Mediators, Judges, State Court Commercial Division, experienced collection counsel and favorable fees.
If you have a business debt collection case and venue appears appropriate in New York either because of a contractual provision or connection with New York, contact FFGN. We have the experience that pays.
