Please note that, in light of Governor Murphy's recent "stay at home" order in New Jersey due to the COVID-19 pandemic, McLaughlin & Nardi, LLC's attorneys and staff are working remotely at this time. However, we are still ready, willing, and able to address all of your individual and business legal needs. Please contact us by phone at (973) 890-0004 or email at info@esqnj.com. We are committed to providing the same high level of legal services that our clients have come to expect over the years. Thank you.

Creditors Rights & Debt Collection

Our attorneys help businesses use all of the legal tools available to them to collect payment for services they rendered, goods they produced, or work they performed.

The basic premise of the American capitalist economic system is that people and businesses get paid for the goods and services they provide. When businesses do not get paid, they cannot in turn pay their bills or their employees. They cannot buy the equipment or supplies they need for other jobs. Equipment and other assets which they have pledged as collateral may be seized. There may be liability for the owners if they have given personal guarantees. In short, collection of valid debts is vital to a business’s health and survival.

Our attorneys help a wide range of people and businesses recover unpaid debts, from “mom and pop” stores to multinational businesses. With decades of experience fighting to help New Jersey businesses to recover their unpaid debts, we are equipped to handle any collection issue which may arise. We understand the problems of business, and utilize the legal process to enforce our clients’ rights.

Our business litigation attorneys bring decades of litigation experience fighting for the rights of our business clients. This includes instituting suit, aggressively utilizing the discovery process, taking cases through trial, and enforcing and collecting judgments. Indeed, we use the judicial process to pursue debtors who have made “fraudulent conveyances,” transferring property in hopes of avoiding being forced to pay their debts.

We also make aggressive use of the many unique tools available to particular industries to help them collect their debts. For instance, we file construction liens for contractors and subcontractors which have not been paid. We enforce garagekeepers liens to hold the vehicles of customers who refuse to pay their mechanics for repairs. We pursue eviction and collection actions for landlords.

When a debtor declares bankruptcy, its unsecured debts are often drastically reduced or discharged altogether. Our attorneys are experienced at using the Bankruptcy Code to prevent debtors from walking away from certain debts. We also use the law to fight for the priority of our clients’ rights against other claims, and recovering the assets pledged as security to our clients. We fight for our clients to obtain the rightful enforceability and preference of their debts.

We ensure that our clients’ collection efforts comply with all appropriate state and federal law, including the the Fair Debt Collection Practices Act. Our decades of experience in the collection and enforcement of debts, and our financial expertise (for example, Frank Nardi is both a certified public accountant and a certified financial planner) makes our New Jersey business attorneys uniquely qualified to structure loan documents, promissory notes, transactions and business contracts to help our clients ensure they get paid. Our goal in transactions is not only to make sure our clients get the best deal possible (which of course we zealously pursue), but to ensure that they get paid as well.

Our attorneys can help your business utilize the tools available under New Jersey law to collect the amounts validly due. Please call (973) 890-0004 or e-mail us to obtain assistance.

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