Practice Areas: Commercial Litigation

Commercial Litigation

Whether you have been injured, otherwise damaged by the actions of another party, or if you are being sued, we have the resources to help. Soffer, Rech & Borg, LLP will take the time to examine your particular issues and provide you with the advice and guidance to insure that the outcome of your litigation will be as positive as possible.

Serving the Insurance Industry for More than Four Decades

Victor K. Soffer has been representing the insurance industry in the recovery of premiums, deductibles, self-insured retentions, retrospective premium adjustments, etc. for more than thirty years. Mr. Soffer has established many legal precedents supporting the contractual rights of insurers.

Debt Recovery

Soffer, Rech & Borg, LLP provides representation to creditors attempting to recover debts from consumers and businesses.

There are many advantages to using this office over a standard collection agency or collection firm to collect low volume corporate or individual debt. Most collection agencies and firms cater to high volume clientele, examples of which are credit card companies or health care facilities. The individual or corporate creditor seeking to recover from only a small number of debtors will find that their accounts will not get individual attention in the mill like atmosphere of today's collection firms.

Michael A. Borg, formerly a Managing Attorney in a high volume collection law firm, is keenly aware of this fact and is dedicated to addressing the needs of those individual or corporate creditors who may ultimately get lost in the shuffle of a high volume debt collection machine.

Mr. Borg's three decades of experience on the creditor side of collection matters has left him with keen insight in defending both consumers and businesses from creditors attempting to prosecute illegitimate or unenforceable debts.

In the all too common event of the bankruptcy of debtor, Gustav P. Rech, formerly an attorney for a United States Bankruptcy Trustee in New York, is expert in protecting creditors rights and recovering monies due our clients through the bankruptcy process.

Mr. Rech has over 25 years of experience in bankruptcy litigation, including the defense of preference and other avoidance actions, claims objections and compelling payment of post-petition premiums.

Civil/Commercial Litigation: Plaintiff Representation

If you have been injured or otherwise damaged, we can accurately assess your chances of success in court. If it is determined that filing suit is the right course of action, we have the resources to quickly bring your matter to the attention of the court.

The first step in any action is the filing of a summons and complaint wherein we inform the court of your grievance. The filed complaint is served upon your adversary. If an answer is not filed within the applicable time frame, we will seek to enter a judgment by default in your favor.

If your adversary does file an answer to the complaint, we enter a phase called "discovery," wherein the parties have the right to request information and documentation substantiating all claims and defenses. Discovery may be in writing, or it may take the form of an oral deposition, where the party being deposed gives testimony a law office, rather than in court. Any evidence, whether documentary, or oral testimony, may be used at trial.

After discovery, if the matter does not settle, the court will schedule a trial date. At that time, all evidence and witnesses are brought before the court so that the judge or jury can make a decision. If you are successful, the court will enter judgment in your favor.

Whether receiving judgment by default or decision, your judgment must now be collected. If the judgment debtor will not willingly make payment in satisfaction of the judgment, we begin the collection phase of matter and seek to attach any assets that the defendant may own.

What to do if You are Being Sued?

If you are named as a defendant in a lawsuit, your first step is to find an attorney that you trust to represent your interests and provide a comprehensive defense.

Following our initial meeting and upon our being retained on your behalf, our first step will be to file an Answer to the plaintiff's complaint. The Answer provides to the court and to the plaintiff your defense to the lawsuit as well as any affirmative defenses. In highly disputed matters a Counterclaim may also be asserted at that time, and in actions involving multiple parties Cross-Claims may also be asserted on your behalf.

It is important to note that once you are served with the Complaint, an Answer must be filed within a very short period of time so it is important to contact an attorney as quickly as possible. If an Answer is not filed within the applicable time frame, the plaintiff will be entitled to a Judgment by default in many instances.

If you do file an answer, we then enter the discovery phase and proceed to Trial as set forth above. If you have been served with a Complaint and need advice, please contact our office at your earliest convenience.