FREQUENTLY ASKED QUESTIONS
- If I do not know the legal composition of the customer I want to sue, can your firm obtain it?
In almost all cases, the answer is YES.
Our firm has on line computer access to corporate names, corporate trade styles, and trade styles of partnerships and of sole proprietorships, Uniform Commercial Code (UCC) filings, judgment filings, records of pending lawsuits, property records, and bankruptcy records, for the entire City of New York. In fact, the firm has computer access to the same information for almost the entire United States.
- Is there anything I can do to accelerate the collection process?
The answer is YES.
Since knowledge of the correct legal composition of each of your delinquent customers is essential, the best place to look is on the debtor’s bank check. We urge our clients to photocopy their bank deposits. The fastest way to collect a judgment is to restrain the debtor’s bank account.
- How does my firm preserve the right to pursue payment for the balance due, if we deposit a check for a lesser amount that is given in full payment?
When a payment is received by check with a notation on the front or the reverse side that the check is given in full payment, you can deposit the check, if--and only if--you preserve your right to pursue payment for the balance due. On the reverse side of the check below the customer's notation, you MUST stamp, write or type in the following language:
This check is deposited under protest, without prejudice, and with preservation of all rights of the payee against the drawer of this check pursuant to UCC § 1-207.
Place your bank endorsement below this notation. You should then photocopy both sides of the check before you deposit it.
Endorsement of the suggested notation on the reverse side of the check will avoid the defense of accord and satisfaction in New York state and, as of 1985, most likely in the states of Missouri, Alabama, Florida, Oregon, and North Carolina. The New York rule is the minority rule. Vendors outside of New York State should consult their local attorneys before depositing a check for an amount that is less than the full amount due.
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