Contracts and Collections
A contract is an agreement to do or not to do something. It can be written or it can be verbal, subject to a few limitations. Contrary to folklore, an oral agreement is enforceable, although sometimes harder to prove. Within that framework are many rules of interpretation, periods of limitation, consumer protection statutes, and rules regarding breach that affect a party's obligation to perform and losses that may arise when a party is in breach. When there is a claim that one party has breached an obligation to pay money, it becomes a matter of collection. A breach of a promissory note may entitle the wronged party to a writ of execution even before the legal claim goes to judgment. If the debtor challenges the amount of the debt or the propriety of the debt she must defend the claim in court. The lawyer assesses the defenses and asserts them. The judge or jury rules on who owes what, and the court issues a judgment, whereon the next problem is how to collect the money that is owed. Marvin Pederson, who has represented businesses, consumers, and creditors throughout his professional career, can help you get the best result in any contract or collection matter in which you find yourself embroiled.