Business Debt Collection Litigation


Business Debt Collection Litigation Business debts seem to fluctuate more than personal debts. As trends come and go, as technology improves, as more competition arrives, business debt fluctuates with the times. Many businesses are expected to go into debt from time to time; its just the nature of the beast. While many businesses can recover gracefully from their debts, others continue to struggle and, if nothing is done to save the businesses, the debt will ultimately consume the business owners and force them to close their doors.

There are several tactics that businesses can use to avoid the foreclosure of their business and its assets, but when these tactics fail, the business owner is often left to deal with their lenders. When loans default, the lender has every legal right to pursue damages in court, but many times, the amount of damages that they seek is disproportionate to the actual debt owed. High interest rates and outrageous late fees can double and sometimes triple the amount of an original debt, placing the business owner in even bigger financial trouble.

For the business owner who wants nothing more than to be able to pay their bills on time, with interest rates and late fees making that task more impossible every month, business debt collection litigation can help the business owner reduce their debts and settle for an amount that is fair to both parties. Business owners are urged not to approach business debt collection litigation by themselves and to hire an experienced litigator to deal with the lenders in court. Business owners simply dont know enough about the intricacies of financial and business law to get a fair chance at fighting their greedy lenders.

Business debt collection litigation will allow the borrower to present their case in court and will allow the two parties involved to reach an agreement as to what amount of a debt should be paid. In many instances, lenders will offer to waive certain parts of the debt, like late fees and high interest charges on those late fees. Once taken to court, lenders are also more likely to agree to a modified payment plan that is more manageable and sustainable for the business owner.

Unfortunately, this amount of cooperation from a lender is rare outside of court. Sometimes, however, just the right amount of legal pressure from an attorney is enough to make a greedy lender reconsider the amount of money they are seeking from the borrower.

Despite what most lenders think, a vast majority of borrowers are honest and hardworking individuals who have just fallen on hard times, not professional con artists looking to get something for nothing. Borrowers, in most situations, just want some help from their lender so that they can pay back their original loans at a more moderate pace. Its when lenders start nickel and diming their borrowers that borrowers become defensive, and for good reason. When it appears to the borrower that their lender is beginning to abuse their status as a lender, the borrower should waste no time securing the services of a local attorney to represent them and negotiate on their behalf. This wouldnt be necessary if more lenders were willing to listen to reason, but this is the type of lending industry that we have to deal with and, unfortunately, it is more necessary than people think.

by: Timothy McFarlin

About the Author:

Timothy McFarlin is a real estate and foreclosure attorney in Irvine, CA. For more information about loan modification and debt collection litigation visit the site.



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