Out of State Collection and Full Recovery

We are a small specialty material supply business located just outside of Philadelphia, PA. We had an agreement to supply material to a contractor in Needham Heights, MA. We offered very fair payment terms and gave a substantial amount of credit to the contractor. After the materials were delivered and the work was completed we had difficulty securing payment. All totaled we were owed about $30,000.00. This represented a significant amount of money for our business. When the contractor stopped returning our calls and began to ignore our emails, we became very concerned. Because we are an out of state supplier we had additional concern and worry. I sent a brief summary of our situation to Mr. Oriel using the form on his website. I was contacted personally by Mr. Oriel over the phone the same day. We had a detailed discussion and Mr. Oriel sent me a proposal and recommendation for action with respect to the recovery of the debt. I was very pleased with the professionalism shown by Mr. Oriel. In less than 4 months Mr. Oriel had collected the full balance without the expense of a court filing.

When the contractor refused to pay us, I honestly thought we would be lucky to recover any of the money. We were absolutely pleased with the results and the speed at which the recovery took place. I would unequivocally recommend Mr. Oriel for collections or any other business needs. He is fair, professional and honest.

by Jim

Fast response, excellent service and great results!

Chesley Oriel has provided legal services for me in matters related to intellectual property, contracts, real estate, investments, loans, credit, and collections. He has been successful in every effort on my behalf. For consistent excellence that you can trust, I would definitely recommend him.

by a Contracts Client

Successful collection of funds for mortgage holder

A client contacted our office indicating that her ex boyfriend had kicked her out of the home they had shared for 5 years. The client indicated that she had lent her boyfriend at the time $130,000 and in exchange, as security, he signed a mortgage naming the client as the mortgagee on the house he owned.

The client had tried unsuccessfully for over 2 years to collect the monies due and her ex-boyfriend continued to say he would pay when he could and that he had no ability do so. Not only was the client not being paid the money due to her, but her ex-boyfriend and his new girlfriend were residing in the home and living rent free, basically at our client’s expense.

We sent a demand letter to the ex-boyfriend once we were retained and informed him that unless he paid $130,000 plus all interest costs and attorney’s fees, we would be proceeding with a foreclosure on the mortgage held by our client immediately and forcing him and his new girlfriend out of the home.

Result: After we continued to press the issue, we were able to apply major pressure upon the ex-boyfriend and procured a $150,000.00 settlement for our client within 2 weeks of handling the claim. It was only through our aggressive efforts that the ex-boyfriend was convinced to pay our client the money she was entitled to receive.

Successful Resolution of Motor Vehicle Accident Claim By Arbitration

A client was injured in a motor vehicle accident that was not her fault. We were able to convince the other driver’s insurance company that it was best for all concerned to resolve the claim by entering into binding arbitration. Arbitration is a means of avoiding litigation; it costs less; and gets quicker results.

Result: The claim was resolved and our client was quite pleased with the results

Contractor Failed To Perform

A client contacted our office complaining that a contractor had agreed to install a certain piece of equipment in his home. Not only did the contractor not perform the work in the manner he agreed, but he also damaged the client’s home.

Result: After initiating suit, the contractor agreed to a settlement with our client.

Successful Assistance In Collection of “Invested” Funds

We represented a Senior Citizen who we believe had been taken advantage of by a friend after her husband died. This friend told our client that he would help her invest the monies she received from her husband’s life insurance policy. Believing that her friend was looking out for her best interests, she gave that person the insurance proceeds. As time went on, the friend kept promising her the return of her funds and assured her that the money was safe. False statements were provided to her by the friend in order to have her believe that what she was being told was the truth. After many years past by and she did not receive a “penny” back from her investment, she contacted our Office.

Result: We filed suit and we have been successful in obtaining the return of her funds with interest.

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?

Additional Information:

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.

Additional Information:

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.

Additional Information:

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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