Debt Collection / Contract Disputes
Connecticut Debt Collection AttorneyPotok Law understands and appreciates that a significant portion of accounts receivable for many businesses both small and large consists of uncollectible debt. Today’s consumer debtor is savvy and there is an abundance of resources to inform them regarding how to stall or altogether avoid payment on past due accounts. Our calculated, systematic approach to debt collection has proven to be a successful and cost-effective process. Some of types of businesses we have assisted in recovering “uncollectible” debt from include:
- Dental Practices
- Oil Companies
- Surgical facilities
- Moving Companies
- Pool Companies
- Landscaping/Snow Removal Companies
- Condominium Associations
- Law Firms
Connecticut Contract LawyerIn addition to debt collection practices, Potok Law can provide invaluable insight and advice as to ways to avoid contract disputes and uncollectible accounts. We begin with a review of your contract, change orders and general record keeping practices. Appropriate changes in these areas alone are likely to result in a decrease in the amount of delinquent and uncollectible accounts a business incurs each year.
A contract is an agreement between two or more parties to do or not do some legal act in exchange for consideration. A contract may be either express or implied. An express contract is one in which the terms are expressed either verbally or in writing. An implied contract is one where some or all of the terms may not be expressed in words, rather, the parties’ actions form the basis of the contract. Both types of contracts are legally binding, and the party that violates either type of contract may be subject to legal action.
Although a comprehensive, well drafted contract may result in a diminished amount of disputes between a business and its consumers, there are many instances when such disputes are unavoidable due to one party’s breach of contract. When you or your business suffer financial or other losses due to a breach of contract, Potok Law can help you mitigate your losses and make you whole again. Often times, we can achieve the desired results with a written demand to, and verbal negotiations with the breaching party describing the legal course of action that will be taken in the event that the breach is not cured. However, some disputes cannot be resolved without formal legal action. Attorney Potok is an experienced and tenacious civil litigator, and will pursue your case through trial if necessary to achieve a full recovery of your losses.
Common Contract Terminology:Breach of Contract: A legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract.
Consideration: Anything of value promised to another when making a contract. It can take the form of money, physical objects, services, promised actions, abstinence from a future action, and much more.
Unjust Enrichment: An event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing. A common example is when a party contracts to provide a service, but the contract is terminated prematurely due to a breach, and the contractor unjustly receives no compensation for partial services rendered.
Undue Influence: An equitable doctrine that involves one person taking advantage of a position of power over another person. It is where free will to bargain is not possible.
Misrepresentation: A false statement of fact made by one party to another party and has the effect of inducing that party into the contract.
Implied Terms: A term may either be express or implied. An express term is stated by the parties during negotiation or written in a contractual document. Implied terms are not stated but nevertheless form a provision of the contract.
Estoppel: A legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers, or by his own deed, acts, or representations, either express or implied."
Liquidated Damages: Damages whose amount the parties predetermine during the formation of a contract for the injured party to collect as compensation upon a specific breach.
Indemnification: An obligation to act on an injured party's behalf given the occurrence of a contractually-specified event. The indemnitor is responsible for paying the indemnitee for losses that the indemnitee has sustained.