How To Structure Your Collections Settlement

In a collections lawsuit, settlement reduces the risk, expense, and uncertainty of both litigation and trying to collect a judgment.  Every settlement will focus on the amount accepted and the time allowed for payment.  This article will discuss how to balance these issues when structuring a settlement. Read More …

Papering Your Settlement In A Collections Lawsuit

In business collections, a well-drafted settlement will end your lawsuit in 1 of 2 ways: either dismissal if your customer pays the settlement amount, or a judgment if it doesn’t.  This article will discuss how a good Stipulation of Settlement provides for either contingency. Read More …

Corporations And Personal Liability — When You Can Sue The Customer’s Owner

Corporations and limited liability companies are business structures that shield their owners from personal liability. Because the entity is considered its own person, the owner usually isn’t responsible for its debts, which can make collecting receivables harder.  Read More …

Corporate Shell Games – How Customers Shield Assets In Business Collections

In a shell game, the operator uses identical-looking shells and sleight of hand to keep you guessing where the pea is. The same may occur in business collections. This article will discuss how crafty customers use corporate shell games to frustrate collections, and how you can defeat them. Read More …

Missed The Statute Of Limitations? Maybe Not – Reviving and Collecting Past-Due Invoices

When collecting past-due invoices in New Jersey, the Statute of Limitations is normally 4 years to bring a suit for goods and 6 years for services.  But missing this time isn’t always fatal, since the facts of a case sometimes restart the statutory period either before or after it expired.  This article will discuss what facts will restart the SOL, and how you can prove them. Read More …

How To Avoid the Statute of Limitations In Collections

In New Jersey, the Statute of Limitations is generally 4 years to collect for a sale of goods and 6 years for services.  Yet missing it should never be an issue.  This article will discuss how to avoid the SOL pitfall in accounts receivable collections. Read More …

Time Issues In Collections – The Statute of Limitations For Goods Vs. Services

A Statute of Limitations is a law limiting how long you have to bring a lawsuit for a particular claim.  When collecting unpaid invoices, it depends on whether you provided goods or services.  This article will discuss how long you have to sue for non-payment, and why you should never wait that long. Read More …

How To Sue For Non-Payment Without A Contract

In some situations, the doctrine of unjust enrichment lets you sue for non-payment, even without an enforceable contract.  This article will discuss what unjust enrichment is, how the doctrine works, and why it’s still better to rely on an enforceable contract. Read More …