Bender Commercial Collection Law
New Jersey Business Collections Attorney
When collecting unpaid receivables, you want the right to sue rather than arbitrate. But even if you’ve signed a contract with an arbitration provision, you may still be able to challenge it. This article will discuss arbitration agreements in business collections and when they’re unenforceable.
Arbitration is an alternative to litigation where, instead of suing in court, you agree to let a third party decide your case. Compared to litigation, it offers both advantages and disadvantages. This article will discuss the pros and cons of arbitration in business collections.
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.
When a customer owes you money, can its owner transfer assets to a new corporation and start over debt-free? Or will the new company inherit the debt to you? This article will discuss successor liability in collections — what it is and when it applies.
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.
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.
The general rule in New Jersey is that oral contracts are enforceable unless a specific law, called a Statute of Frauds, requires them to be in writing. This article will discuss when you can sue for non-payment on an oral contract, and why a written agreement is always preferable when collecting accounts receivable.
After winning a business collections judgment, you still need to collect it. Finding assets can sometimes be challenging, but you have a long time in New Jersey to enforce your judgment. This article will discuss how long your judgment is good for, and how you can extend it.
In accounts receivable collections, a judgment lien is a valuable tool that can pay huge dividends. This article will discuss what a judgment lien is, how to obtain it, and how to use it to your advantage.
After you obtain a judgment, finding assets to satisfy it can take some digging. Besides your own investigations, you can use a legal process called post-judgment discovery to obtain financial information about the defendant. This article will discuss how the process can help you collect.