THE VALUE OF PERSISTENCE

FRAMINGHAM A couple hire an attorney to negotiate a settlement with the Internal Revenue Service. The Attorney convinced the IRS not to seize the couple's wages and to accept a reasonable settlement. The happy couple then rewarded the attorney - by stiffing him.

Crying poverty, the couple purchased a new home for more than double the cost of their existing home.

Shortly after being retained by the attorney, I sued. I obtained an ex parte bank attachment and, after notice, obtained a real estate attachment.

The couple answered disputing the amount of the debt. I then filed for summary judgment (a procedure of winning the case without the need for a trial). I won the case, obtained the execution and had the sheriff levy and suspend the sale of the couple's house.

I then filed a new complaint, seeking to attach the couple's wages.

As a result, the couple paid the entire amount due to the attorney plus interest and court costs.

FRAMINGHAM A supplier is owed $340,000.00 from its once good customer. The customer, knowing that it was about to be sued, sued first - seeking over $400,00.00. The customer claimed that the supplier breached an alleged oral exclusive distribution agreement and made false promises that it relied upon. The supplier's first attorney stalled and crawled.

Based upon a referral from an existing client, the supplier jumped ship and retained me.

I immediately counterclaimed for the $340,000.00 and obtained an ex parte bank attachment. The attachment froze almost $200,000.00 of the customer's money.

Although the customer's counsel huffed and he puffed, he could not convince the Court to release the frozen funds. When the customer attempted to transfer the case to the Superior Court, I defeated the motion.

The next phase involved "discovery". After receiving excuse upon excuse, I sought and received a Court order that the customer be deposed. Faced with discovery motion after discovery motion, the customer finally offered $75,000.00. Offer Rejected!

When the customer tried to take discovery to support its promissory estoppel claims, I filed for a "protective order." The Court agreed and prevented the customer from taking any discovery until I could complete my discovery on the merits of their case.

Faced with an uphill battle that it could not win, the customer started exploring whether we would be willing to mediate the case. After winning almost every discovery and procedural motion, I convinced the customer to offer at least $200,000.00 to induce my client to mediate the case.

A few weeks before trial, the customer's counsel contacted me to see if we would accept $350,000.00. The answer was still no.

Facing very likely liability for alleged unfair and/or deceptive trade acts and after admitting in deposition that it owed the full principal amount, the customer faced the music and danced to the tune of my fiddle!

Because of my aggressive and persistent efforts, my client received $400,000.00 within thirty days of the settlement agreement and paid to the customer nothing on its complaint.

After almost three hours of mediation, the customer offered to pay $300,000.00 over time. The offer was again rejected.

Now this does not always happen. but it could happen to you. Armed with solid paperwork, an aggressive competent collection attorney who knows how to collect debts is a valuable ally in the battle for control of your money.

Shouldn't you use an attorney that other attorneys rely upon to collect their delinquent debts?

FRAMINGHAM .....  Your top salesperson says that a buddy of his wants to make a large purchase from you. If you keep the reigns of credit too tight, your sales suffer. If you let the reigns too slack you risk deadbeatitis.

What should you do? Do you require the new potential customer to complete the equalizer - your credit application - or do you rely on your salesperson's instincts.

Company A chose "sales, sales, sales" and relied on its salesperson without seeking a credit application. I-lad Company A obtained a credit application, it would not have sold anything to the deadbeat. The credit application could have shown that the deadbeat had recently filed bankruptcy and was in the process of "reorganizing."

A few months passed without getting any payment. Company A became very nervous - to the tune of $50,000.00.

Company A called me. Within a few days, I obtained an ex parte bank attachment, keeper attachment and bulky goods attachment.

Relying upon an obscure statute, the deadbeat's bank, which had a prior security interest in the deadbeat's assets, forced Company A to dissolve its attachment. The bank then seized and sold the deadbeat's assets. After the asset sale, the deadbeat again filed for bankruptcy.

Company A became an unsecured creditor whose chances of collecting any of its $50,000.00 ordinarily would have been slim and none. You know the rest of that story.

However; due to my diligence and persistence in the Bankruptcy Court, Company A recovered $12,500.00 in settlement of an adversary proceeding.

Company A's actions show the pitfall of an unchecked sales policy. Company A might have avoided this substantial loss. First, it should have done a diligent examination of its potential customer's credit worthiness and should have required a credit application.

Second, in light of the prior bankruptcy, it should have perfected a security interest in all of its future customer's inventory, accounts receivable, etc. This would have at least made it a secured creditor in any later bankruptcyproceeding.

If Company A had done any homework prior to the sales, it might not have lost $37,500.00. Although there is no guaranteed or foolproof way to make sure that a customer will not beat you, at a minimum following these suggestions may help you avoid repeating Company A's costly mistake.