I need to repossess the equipment I leased to a customer.

Additional Information:

I have a small business in Dedham and leased equipment to a business customer. They have stopped paying and are not responding to my telephone calls or letters.  I need to repossess the equipment.  I’m concerned that the customer will get violent.  Can I request that a policeman accompanies me?  Do I need to send them legal notice  beforehand?

ATTORNEY ANSWER:

Did you have a lease agreement with your customer? Typically the agreement will spell out the terms and conditions of the lease including the conditions necessary to consider the agreement in default.

It will be necessary for you to file a complaint for replevin ( reposession) in Dedham district court and obtain a civil order which can be enforced by the sheriff to repossess your equipment.  [Read more…]

Should we hire a Boston business attorney for our small distressed company?

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We are a financially distressed family-owned business in the Boston Metrowest area.  Can you please explain what an out of court workout is and what are the benefits should we decide to hire a Boston business attorney?

ATTORNEY ANSWER:

If you own a business and are struggling to meet the demands of your creditors you have a few choices. You could put the entity into a bankruptcy, however if you have signed personal guarantees you will not be protected by the bankruptcy filing unless you plan on filing for personal bankruptcy as well. You could also attempt an out of court work out plan with your creditors. In either scenario it makes sense for you to contact our office to assist with this process. Our attorneys are skilled and have the ability to negotiate with your creditors on your behalf to provide you with the best possible results. We are able to leverage a better deal for you due to our ability to defend you and cost your creditors significant money if they choose to litigate.

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I leased some office equipment on a “lease to own” deal.

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I have a small business in the Greater Boston area and leased some office equipment, with the agreement being a ‘lease to own’ deal. Things did not go well and about 2 years into the 5 years agreement I called to terminate the service.  They came and took the equipment because I could not afford it. Now a company that buys charge-offs contacted me asking for the full amount of the lease, even though I do not have the equipment and thought I ended the agreement with the original company. What should I do?

ATTORNEY ANSWER:

It is extremely important that you understand your rights and obligations of any finance equipment leases that you enter into with any finance/leasing company.  Simply returning the equipment will not typically negate your liability to make payment to the lease company that simply financed the lease and did not manufacture the product.  You should have an attorney who is well versed in this specialized area of law to assist you in determining your rights and obligations relative to your equipment leasing issues.

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I own a business in Westborough, MA and leased equipment.

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The equipment has been  having problems.  The company that I got the lease thru has not been responding and I feel that I have been cheated.  What I want to do is terminate this lease and return the equipment. It is a 5 year lease and I have paid monthly for a year and a half.  I’d like to get out of the lease and be done with it. What are my legal rights?

ATTORNEY ANSWER:

We would have to review your lease agreement to determine your rights if the equipment fails. Finance leases are very strict in that any issues with the equipment must be addressed exclusively with the manufacturer and not the finance lease company. Your obligation to make payment to the leasing company is typically absolute and you should not withhold payment to them simply because the equipment does not work as this is not a valid defense.  It’s important to have an attorney review your lease and determine your rights and obligations.

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I am looking into buying a liquor store in Framingham, MA. Do I need a lawyer?

ATTORNEY ANSWER:

The most important thing you are buying when you buy a liquor store is not the inventory, but the liquor license.  The transfer of the liquor license must be approved by the local municipal authorities and by the state (ABCC).  A lawyer can assist with what can appear to be a maze of the approval process.  He can attend meetings with the local authorities.  He can also insure that all of the paperwork required by the ABCC (Alcoholic Beverage Control Commission) is properly completed.  The lawyers at Goldberg & Oriel are experienced with the transfer of liquor licenses.

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In MA, can I file a claim myself for $9K owed to our business or do I need an attorney?

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In MA, can I file a claim in small claims court for $9,000 owed to our business or do I need an attorney?  What are the guidelines for filing small claims and what fees are associated if I do this on my own vs. hiring an attorney?

ATTORNEY ANSWER:

In Massachusetts the small claims limit is $7000 so anything over and above this amount must be filed in either district Court ( $7001-$25,000) or Superior Court (for claims greater than $25,000).

The filing fees are as follows:

$500 or less: $40.00
$501-$2000: $50.00
$2001-$5000: $100.00
$5001-$7000: $150.00

In terms of whether you should handle the matter on your own vs. hiring an attorney is a decision that each individual should make on their own.  If you were sick and needed medical attention you would likely choose to visit a doctor for a diagnosis.  The same holds true with dealing with a litigation matter and deciding whether or not to use an attorney.

Our fees are very competitive and we can work on contingency, hourly or flat fee arrangements. Contact us today to discuss how we can assist in helping you collect monies that are rightfully yours.

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Debt collection agency or MA collections lawyer to collect money owed to our company?

Additional Information:

We have a small business in Framingham, MA and unfortunately we have a lot of outstanding accounts receivables.  When should we turn these accounts over to a collection agency and when should we seek legal representation?

ATTORNEY ANSWER:

While a collection agency can certainly assist, they can only make collection calls whereas a law firm can not only make collection calls, send out demand letters on stationary with a law firm “name” on the letterhead, but can also file suit. Whether your matter needs only a few phone calls or full blown litigation, Goldberg & Oriel will tailor the collection to your specific needs. We are an aggressive firm but understand that each client’s needs vary and different tactics are necessary to pursue outstanding balances.

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How do I protect myself and be “fair” to 3 business partners in Massachusetts?

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I want to raise money for my business and specifically bring on partners in Massachusetts who are willing to invest in the company.  What legal steps can I take to protect myself and be “fair” to myself and potentially 3 partners?

ATTORNEY ANSWER:

The first step is to contact the Massachusetts business attorneys at Goldberg & Oriel. You should not have any discussions with anyone without first speaking to a business lawyer. Give us a call at: 508-405-8888 and let us provide you with the legal assistance you will need.

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In Massachusetts, can I remove bad business debt from my personal credit report?

Additional Information:

I’m trying to remove bad business debt from my personal credit report, can this be done? The business was an S-Corp in Massachusetts, has been dissolved and I did not sign any contracts.  I would like to know if Massachusetts law is on my side or am I wasting my time?

ATTORNEY ANSWER:

Whenever someone has a debt listed on their credit report that they wish to have removed, the best way to get it removed is to send a certified mailed, return receipt requested letter to each of the three main credit reporting bureaus and in the letter set forth your objection to the particular matter that should be removed. Send such a letter every thirty days for two months. The “creditor” who has placed the questionable debt on your credit report is notified of your objection and then they have 30 days to object to your “objection”, and if they fail to do so, then the matter in question is supposed to be removed by the credit bureau.

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I started a business in Marlboro MA using some borrowed money from my brother-in-law.

Additional Information:
I started a business in Marlboro MA last year and I borrowed some money from my brother-in-law. He told me to pay him back when I could, and that if I wanted to add any interest to the payment, it was up to me. Now that the business is doing very well, he thinks he is my partner and wants half of the profits. He asked to see the business tax returns and bank records. This is causing all kinds of family issues. What should I do?

ATTORNEY ANSWER:

The first thing you should do, is not discuss this with anyone at all. Absolutely no one, except your lawyer. It sounds as if you do no have a lawyer, so you should call the business attorneys at Goldberg & Oriel as soon as possible. Since there is nothing in writing, you have a strong argument that the money was simply a loan and not an investment in the Marlboro business. However, if you start to allow your brother-in-law to see the financial records, it may be interpreted as an acknowledgment by you that there was some kind of ownership interest that would be given in return for the money. Give our business attorneys a call before this develops into more of a problem than it already is. The business attorneys at Goldberg & Oriel are ready to help you.

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