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Law Offices of Kind & Dashoff, LLC

Tips About Jurisdiction and Venue for Creditors Filing Suit Against Debtors

Are you a creditor suing one of your debtors who isn’t paying their bills?  Your letters and phone calls have gone unanswered and your only option is to file suit.  But where should you begin? Where do you file the paperwork.   We have some tips about jurisdiction and venue for creditors filing suit against debtors. Jurisdiction Quite simply, jurisdiction gives a court the power to hear and decide a particular case. You should know that there are limits to the legal authority of each court to hear and decide cases. For most debtor/creditor cases, jurisdiction also relates to the amount of money...
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Tips for Creditors Going to Court

Are you a creditor suing one of your debtors who isn’t paying their bills?  Your letters and phone calls have gone unanswered and your only option is to file suit.  Once you file all of the paperwork, the court notifies you of the trial date.  What should you do to improve your chances of winning the case.  We have some tips for creditors going to court. Preparing for a Courtroom Appearance Make a professional courtroom appearance.  Make sure that you arrive early to the courthouse so you can enter through security, find the right courtroom, and enter the courtroom before the trial starts.  Dress professionally.  Turn off...
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The Importance of a Written Document for Personal Loans

Do not underestimate the importance of a written document for personal loans. If someone wants to borrow money from you, get a written agreement.  I am a collection attorney and I frequently get calls from people who lend money to friends, relatives, boyfriends, girlfriends, etc.  They do not have a written agreement and the other party refuses to pay them back.  Many times, the sum of money is quite large.   Without a written agreement, the other party will frequently allege that you provided them with a gift, not a loan and it is your word against theirs.  What should you do? If you are...
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Process Serving Basics for Creditors

Debt collection can be frustrating. Many times people promise they will send you the money they owe to you and nothing happens.  You may need to file legal documents so that you can take your debtor to court. If that is the case, it is important to understand process serving basics for creditors. In the United States, you must notify all parties if you are taking legal action against them.  Specifically, you must deliver a set of documents describing the legal action to the parties that you are suing.  These legal documents include writs, summons, complaints, subpoenas, etc. The delivery of these...
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Drafting Promissory Notes

Are you planning to loan money to either a person or a company? Is there a voice in the back of your head telling you that you should draft a written agreement? We strongly encourage you to listen to that voice. We will give you some pointers for drafting promissory notes. Let’s begin by defining what a promissory note is. A promissory note is a legally binding written document. With a promissory note, one party promises to pay another party either a sum of money or installment payments in the future. Typical Things to Include in a Promissory Note: The...
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