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Contracts: To Avoid Risks, Plan, Review and Be Precise

Whether it’s buying a home, applying for credit or accepting a new job, people and businesses are drafting and executing contracts every day. Often, these contracts are not understood by the individuals signing them and perhaps not even read. Even lawyers such as this one have signed (or clicked) without reviewing all of the fine print. Nobody likes reading through all that legalese, but when we enter into agreements that …Read More

Cashing a Customer’s Check: What Creditors Need to Know about Accord and Satisfaction

The debtor’s mere refusal to pay the full claim does not make it a disputed claim.

−Cashing a Customer’s Check: What Creditors Need to Know about Accord and Satisfaction

You have billed a customer for amounts past due on an open account.  After a few invoices and requests for payment have been ignored, you receive a check for a lesser amount than what is owed.  You notice that on the memo line of the check is the following notice: “Paid in Full — All Claims Satisfied.”  What do you do?  Should you keep the check, knowing that it may …Read More

Alternative Dispute Resolution: An Overview Of The Process And Its Prevalence In Civil Actions

Unlike mediation, arbitration uses a neutral third party to render an actual decision.

−Alternative Dispute Resolution: An Overview Of The Process And Its Prevalence In Civil Actions

In today’s credit-driven society, disputes and complaints are an almost everyday occurrence. The time and resources expended to reach a reasonable solution to even minor disputes substantially increases the cost of doing business. Attorney’s fees and litigation costs are far from rare. In facing the dilemma of backed-up court dockets and mounting public frustration at the perceived inability to quickly resolve disputes through judicial processes, many states have turned to …Read More

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