Creditors’ Rights, Collections, & Lien Law
One of the most common day-to-day business disputes involves creditors who are trying to collect an amount owed – whether based on contract, commercial or residential leases, loan documents, commercial accounts for goods and services provided, or some combination thereof. Our Firm has developed considerable experience in counseling all manner of businesses as to best practices to avoid collection problems in the first place and being left unpaid. These best practices range from identifying miscommunications between sales and accounts-receivable departments, correcting flaws and loop holes in leases, contracts, guaranties, invoices, statements, scheduling lien deadlines, obtaining proper waivers, etc.
Despite the application of best practices, creditors sometimes have no other recourse but to chase the money. Lisenby & Associates advises clients on the tools available to do this – such as filing materialmen’s and other liens; filing suits on collection/open account or contract; foreclosure; deeds-in-lieu; loan workouts; bankruptcy claims; and, tenant evictions. At the same time, we consult with our clients as to the cost-benefit of spending money to collect money. No creditor wants to throw good money after bad. Once a client chooses a course of action, we have the expertise to file liens, suits, and claims, negotiate workouts, foreclose, or any other collection tools deemed necessary and as cost-effective as possible.