Commercial Law

6 Steps in the U.S. Collection Suit Process

Dec-14-2009

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

Sep-27-2009

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

Aug-25-2009

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

May-28-2009

There are bad checks – and then, there are BAD checks. Remedies under the law differ for both.

OHADA Harmonizes Commercial Laws in Africa

May-27-2009

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

Apr-24-2009

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.

Sep-23-2008

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

Aug-26-2008

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

Aug-25-2008

“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

Apr-27-2008

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

Mar-03-2008

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

Jan-29-2008

How effective is a restrictive endorsement indicating that a check represents payment in full.

Secured Transactions and UCC 9

Oct-24-2007

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

Sep-27-2007

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

Sep-26-2007

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.

Collecting Interest and Recovering Collection Costs on Delinquent Accounts

Jul-24-2007

How likely are you to collect interest and recover the costs of collecting on past due accounts? A look at the legalities and the practicalities involved.

Countersuit & Consequence

Feb-21-2007

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

Oct-25-2006

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.

Foreign Legalization of Public Documents

Jul-26-2006

When legal action is required in international collection cases, the creditor will most likely have to "legalize" certain documents to make them acceptable in a foreign court of law. This article presents two mechanisms to legalize such documents.

Choices of Law and Venue in Sales Contracts

Jul-25-2006

While many sellers incorporate a choice of law clause into their sales contracts, if they fail to go one step further, with a choice of venue, they leave themselves without the protection they need.

C.O.D. Payments and NSF Checks

Mar-24-2005

What are your options when a C.O.D. customer pays for goods with an NSF check?

Restrictive Endorsements on Checks: Proceed with Caution

Feb-23-2005

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

Jan-11-2005

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

Oct-21-2004

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

Jun-16-2004

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!

Apr-22-2004

Are you aware of the changes consignment law has undergone since 2001? This article will bring you up to date.