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- Choice of Law in Sales Contracts
- The Choice of Law in sales contracts is not as simple as including a phrase like "This contract shall be interpreted under the laws of the State of ..." Find out what else you need to know to ensure the choice of law meets your requirements.
- Changes to UCC Article 9 Effective July 1, 2013
- A decade after the last major revision, a Review Committee appointed by the American Law Institute and the Uniform Law Commission has recommended revisions dealing with the practical application of UCC Article 9.
- An Introduction to U.S. Antitrust Law and How it Impacts Credit Management
- The U.S. government has enacted a number of laws to deal with the inequities and harmful concentration of economic power created by trusts and monopolies. Here's a look at the laws currently on the books and an overview of how they effect credit management.
- Collecting Interest and Recovering Collection Costs on Delinquent Accounts
- Bad debt is expensive. Collection fees, court costs, accruing interest. Are these costs recoverable? What are the legal and practical issues involved?
- Foreign Legalization of Public Documents
- Pursuing legal action against international accounts requires making sure your documents will be accepted in a foreign court. Here's what you need to know.
- U.S. Civil Process
- In response to a question often asked, here's an overview of the U.S. Civil Process. Presented in a five-page chart with references and links, it gives a useful graphic representation of how the US civil lawsuit system works.
- 6 Steps in the U.S. Collection Suit Process
- You’ve given the attorney the go-ahead to file a collection suit against a delinquent debtor. So what happens next?
- Enforcing Foreign Judgments in Mexico
- Seeking to enforce a judgment through Mexico’s legal system can be a tangle of legal formalities. Romelio Hernández of HMH Legal provides important information to help you keep your request moving forward.
- Piercing the Corporate Veil through the Mexican Courts
- Abuse of the corporate entity is common in Mexico. Mexican Civil Law, however, provides no specific remedies to provide relief to those injured or defrauded. Is there any way to “pierce the corporate veil”?
- Bad Check Laws
- There are bad checks – and then, there are BAD checks. Remedies under the law differ for both.
- OHADA Harmonizes Commercial Laws in Africa
- To encourage foreign interest in doing business in the sub-Saharan region, African states are uniting in an effort to bring consistency to laws governing commercial activity.
- EU Proposes New Rules on Late Payments
- Its 1995 directive failing to elicit the results it had hoped, the European Commission is proposing new rules to help combat the problem of late payments by companies and public organizations.
- Domesticating a Foreign Arbitration Award in the U.S.
- You’ve filed for and obtained an Arbitration Award in your country against a US debtor. Now you need to make it good in the US. Here’s how.
- Secured Transactions in Canada
- A look at Canada’s Personal Property Security Acts (PPSA) and how they compare with Article 9 of the Uniform Commercial Code (UCC 9) of the US.
- Bringing Suit Against a Debtor: What You Have to Prove to Win
- “Prove it or lose it” pretty much sums up your odds of winning a suit against a debtor. Here’s a list of five things you must document in court. And by the way, did you know that the most important person you send into the courtroom is not your attorney?
- New EU Legislation Offers Creditors Cost Effective Alternatives in Judicial Actions Against Debtors
- With many new directives being initiated by the European Union, creditors doing business in the EU now have more alternatives to pursue judicial actions against debtors through less costly procedures than in the past.
- Enforceable Foreign Judgments
- International commercial transactions may make it necessary to obtain a court judgment in one country and later seek to have that judgment enforced in another Michael Fielding discusses what litigants in foreign countries must consider in such situations.
- Notes on Restrictive Endorsements on Checks
- How effective is a restrictive endorsement indicating that a check represents payment in full.
- Secured Transactions and UCC 9
- In Part 2 of our series on the U.S. Uniform Commercial Code (UCC) we focus on UCC Article 9 – arguably the most important article for creditors of U.S. debtors.
- European Order for Payment Procedure
- New legislation for the recovery of uncontested claims in Europe will go into effect in December 2008. Here's a look at the new law that will standardize recovery between cross-border parties in EU Member States.
- U.S. Uniform Commercial Code: The Basics
- This is the first in a two-part series on the Uniform Commercial Code. Provided is an overview including its history, development, and how it works to help create uniformity in business legislation across the states.
- Countersuit & Consequence
- Countersuit! Just the idea can put a scare into some. Knowing your options and how to respond, however, can put you in control when you debtor files a countersuit against you.
- The Out of Business Corporation and Successor Liability
- Is it possible to see a recovery when your corporate debtor goes out of business? Yes – but… ABC-Amega's David Greenberg looks at the out of business corporation, fraudulent transfers and successor liability.
- C.O.D. Payments and NSF Checks
- What are your options when a C.O.D. customer pays for goods with an NSF check?
- Restrictive Endorsements on Checks: Proceed with Caution
- Important update. Additional information regarding handling payment checks bearing “payment in full” type endorsements that, in fact, leave a balance owing on the account.
- Handling 'Payment in Full' Checks
- You receive a check marked “payment in full” but the amount is actually less than the balance due. What’s the best way to handle these payments?
- Creditor vs. Family Limited Partnership
- Aside from its potential benefits as an estate planning vehicle, the Family Limited Partnership (FLP) is also promoted as an asset protection device. This article discusses methods to reach assets which have been transferred to an FLP.
- Reducing Risks for Creditors Engaging in Litigation in Mexico
- Successfully suing to recover from debtors in Mexico can be tricky. But, knowing some of the particulars of the system will give you an advantage.
- Consignments: My How You've Changed!
- Are you aware of the changes consignment law has undergone since 2001? This article will bring you up to date.