Debt Collection Litigation and Creditors’ Rights
Our firm practices in the areas of commercial debt collection litigation and the enforcement of creditors' rights. We are experienced, aggressive, resourceful, and persistent. Our debt collection clients include large and small corporations; banks and other lenders; law firms, accountants, consultants, and other professionals; landlords; and a wide variety of other creditors.
Our debt collection cases have involved matters including:
- Loans, guaranties, letters of credit, and other extensions of credit;
- Debts for goods sold and delivered;
- Attorneys' fees and fees owed to accountants and other professionals, including consulting fees;
- Rent arrears (commercial leases and guaranties only);
- Suits seeking recoveries based on unjust enrichment, such as claims based on quantum meruit (fair value for worked performed or goods supplied in the absence of a formal contract); and
- A wide variety of contract-related litigation.
With our many years of experience and long track record of success, we are the gold standard for New York judgment enforcement.
The goal of a lawsuit is not obtaining a piece of paper called a Judgment; it is about obtaining payment. Under our common law legal system, a judgment debtor is under no legal compulsion to pay a money Judgment. He is fully within his rights to lay low and do nothing after he loses a case. The law places the burden of enforcing a Judgment squarely on the winner, the judgment creditor. Not surprisingly, obtaining “satisfaction” of a Judgment from a non-cooperative judgment debtor can be more difficult than winning the lawsuit. Judgment creditors have an array of judgment enforcement tools and methods at their disposal. The key is employing these techniques in a solid and well-tailored judgment enforcement plan to collect the debt and obtain “SATISFACTION” — yes, indeed!
The key to successful judgment enforcement is research. We comb public records and use our access to on-line databases to obtain critical information about judgment debtors and their business, assets, and financial affairs. We retain outside investigators where necessary as well.
To collect on a judgment, we will where necessary file and prosecute post-judgment litigation. This can include seeking discovery or documents and information from the judgment debtor and others, filing motions and other applications seeking “turnover” or “installment payment” orders, moving for appointment of a receiver, commencing wage garnishments, and executing upon and selling real and valuable personal property of judgment debtors. For the truly uncooperative debtor or witness, we will prosecute contempt of court proceedings against them to conclusion.
A particular area of proficiency for our firm are proceedings to set aside fraudulent conveyances of property. Fraudulent conveyance law has its origin in a British law enacted in 1571 known as the Statute of Elizabeth. Its fascinating text explaining the need for the law reveals that nothing much has changed when it comes to debtors perpetrating frauds on their creditors:
For the avoiding of feigned, covinous and fraudulent feoffments, gifts, grants, alienations, bonds, suits, judgments and executions, as well of lands and in tenements, as of goods and chattels, more commonly used and practised in these days than hath been seen or heard of heretofore; which feoffments, gifts, grants etc. have been and are devised and contrived of malice, fraud, covin, collusion or guile to the end, purpose and intent to delay, hinder or defraud creditors and others of their just and lawful actions, suits, debts, etc.; not only to the let or hindrance of the due course and execution of law and justice, but also to the overthrow of all true and plain dealing, bargaining and chevisance between man and man, without the which no commonwealth or civil society can be maintained or continued.Collection of Unpaid Loans
As well-known New York commercial debt collection lawyers, we represent banks and other creditors in litigation to collect debts and unpaid loans.Commercial Debt Collections
We represent clients in many different types of substantial commercial debt collection matters, including actions to collect debts owed under loan agreements, negotiable instruments, promissory notes, and for goods sold and delivered. Our commercial debt collection lawyers routinely litigate against business owners and other third parties who fail to honor personal guaranties of corporate debts.Debts for Goods Sold and Delivered
We represent clients seeking to recover substantial debts owed by customers have who have ordered goods, received them, but have failed to pay. This is a core practice area for our New York commercial debt collection lawyers.Attorneys’ Fees and Other Professional Services
Not all debts arise out of goods sold, leases breached, monies loaned, or personal guaranties ignored. As a broad-based New York City debt collection law firm, our practice includes collecting debts owed to law firms, accountants, and other professionals.The Bottom Line
Bernard D’Orazio & Associates, P.C., provides its clients with aggressive, resourceful, and persistent representation collecting debts and enforcing judgments. For more than two decades, we have successfully represented creditors in collection and judgment enforcement matters from clients, lawyers, and law firms throughout the United States and from other countries. We are especially well-known for our renowned New York fraudulent conveyance practice.
For more information, please contact us to schedule an appointment or for a no-obligation review of your case or judgment.