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 was in an auto accident in the Greater Boston metro area.

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I was rear-ended by a delivery truck of a pretty large company in the Greater Boston Metro area.  My neck was injured in the accident.  I got the name of the driver and the insurance information but was curious about the liability of the company. Who is liable- the driver? the company or both? I already went to the doctor and am seeing a chiropractor now. Thanks.

ATTORNEY ANSWER:

Both the driver and his employer are responsible; however if there is insurance, then the insurance will cover both the driver and the company. Before you do anything else, we suggest that hire an attorney with significant experience in personal injury law.  What you do now; who you speak with; and the information you provide anyone may have a great effect on your claim for bodily injury and monetary losses.  We have the experience to represent you and assist you in getting the damages you are entitled to receive.  Please remember not to speak with any insurance representative of the employer/driver’s insurance company. You are not obligated to provide them with any information at all. Many times if they are able to speak to someone like you, they will record the conversation and you may say something that could hurt your claim.

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I sustained an injury at a Framingham, MA restaurant.

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I fell and injured my knee at a Framingham, MA restaurant due to loose carpeting.  There were several other patrons who tripped over the carpet before me, and this all happened in front of the hostess stand.  I’ve had knee surgery and continue physical therapy.  Do I have a case against the restaurant and can I sue for damages as I will probably not be able to participate in sports like I had in the past?

ATTORNEY ANSWER:

We are very sorry to learn of your injury. It  certainly sounds like you have a claim that should be pursued, especially since the restaurant must have known about the condition of the carpeting before you fell. In addition, the fact that you had surgery and incurred other damages, makes this a claim that is worthwhile to pursue.  Just be sure not to speak with anyone from the restaurant’s insurance company. You do not need to answer any of their questions.  You should hire an attorney with significant slip and fall injury experience.  We will deal with them on your behalf.

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

Additional Information:

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.

Additional Information:

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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Do I need owner’s title insurance to buy a home in Natick, MA?

Additional Information:

I am buying a home in Natick, MA and my lender requires that I pay for lender’s title insurance.  Do I also need to buy owners’ title insurance?

ATTORNEY ANSWER:

The lender’s title insurance, or Loan Policy, protects the lender in the amount of the mortgage.  Once you have paid of the mortgage on the property, the Loan Policy is void.  An Owner’s Policy protects the buyer up to the purchase price.  This is especially important when you have made a substantial down payment, resulting in substantial equity in the property.

Owners’ title insurance is a one time premium paid at the time of closing.  It remains in effect as long as you own the property.

Generally, title insurance covers problems or errors in the chain of title, such as missing or forged signatures, missing discharges, and probate issues.  If a title issue were to arise after closing, the title insurance company would hire a real estate lawyer at its expense and attempt to resolve the problem if it was a matter covered under the title insurance policy.  A buyer who did not purchase an Owners’ Policy would need to hire a real estate lawyer at their own expense, and incur whatever the necessary expenses to resolve the title issue.

It is important to keep in mind:

1.    Lender’s policy only covers and protects the lender’s interest.
2.    Owner’s policy is a one time charge, and just like any other kind of insurance, it means nothing—until and unless there is a problem that it insures against!

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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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