The Borg Law Group, PC is a general commercial litigation firm. The firm has been representing clients in business and personal matters for five decades. Our Attorneys are admitted to practice law in New York Federal and State courts. Our Attorneys would welcome the opportunity to discuss the ways in which this office may assist you or your business.
Please feel free to contact us at your convenience.Commercial Debt Recovery
The Borg Law Group, PC provides personalized representation to commercial creditors attempting to recover debts from consumers and businesses.
Michael A. Borg, formerly a Managing Attorney in a high-volume collection law firm, is keenly aware of the needs of individual or corporate creditors who may ultimately get lost in the shuffle of a high-volume debt collection machine. He will provide hands-on representation throughout both the collection process as well as the litigation process should that become necessary.
There are many advantages to using our office instead of standard collection agency.
- The person or business who owes you money is more likely to more rapidly respond to the demand of an attorney than an agency.
- Speed plays a very important role in the process. By using us to collect outstanding debt, there is no delay in immediately starting a lawsuit if necessary. The collection work and the legal work are accomplished in one office, by our attorneys.
- We are proud of the fact that our collection practices have resulted in very few trials.
In many of our cases, we have been successful either in obtaining judgment or achieving a satisfactory settlement.
FAQs
Can I just send my debt to a collection agency?
There are many advantages to using our services 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, such as credit card companies or health care facilities. If you are trying to recover from only a small number of debtors, you will find your accounts will not get individual attention in the factory like atmosphere of today’s collection firms.
What if my debtor declares bankruptcy?
Our partner 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.
What does it mean to “Pierce the corporate veil”?
“Piercing the corporate veil” is a legal mechanism which allows for judgment holders or other creditors of a business to collect against the owners of the business. Such claims can come up for several reasons, such as a business being used for improper purposes.
What information is needed to assist my attorney in collecting my debt?
You will need provide the debtor’s name, address, and balance owed. In addition, a Social Security or EIN number will aid the collection agency in tracking down difficult to locate debtors — ones who are trying especially hard to dodge their bills. Additionally, if there have been partial payments made on account of your debt, copies of the debtors checks or wiring confirmations will assist your attorney with the enforcement of any judgment obtained on your behalf.
Can I collect this debt on my own?
Of course you can! But an experienced collection attorney may be able to collect a higher percentage of your debt more efficiently. Additionally, debtors unwilling to pay the actual creditor may be more likely to resolve a debt when they are confronted with the reality of having to defend a lawsuit and incur the expenses of hiring their own attorney.
What is a Judgment?
A judgment generally concludes a lawsuit. It is essentially the written final Order of a Court that lets the world know who won or who lost the lawsuit. It is, in its most simple form, a document which legally states that one party is indebted to another party for a specific dollar amount.
Our success in the realms of both Commercial Debt Recovery and Civil/Commercial Litigation would not be complete without our being able to collect money and put it into the hands of our clients.
In most instances we are retained on a contingent fee basis, whereby our fee is based on an agreed upon percentage of the money we collect for our client, meaning we do not get paid until our client gets paid. Thus in order to survive we have grown quite skilled in collecting the monies due on the judgments we obtain on behalf of our clients. Put bluntly, we eat what we kill!
While many attorneys are quite proficient in their particular area of practice, whether it is medical malpractice, personal injury, general litigation and the like and they win their cases and obtain money judgments on behalf of their clients, their proficiency or expertise may end with the entry of that money judgment.
Unless the defeated party, now called a judgment-debtor, comes forward with the checkbook to satisfy that money judgment, many otherwise great attorneys lack the experience necessary to turn that money judgment into cash.
We have worked with many superb trial attorneys to collect on the money judgments that they so expertly obtain.
It is very rare that a judgment-debtor will voluntarily come forward with the checkbook and pay merely because a judgment has been entered against them. New York allows attorneys a wide range of powers to collect that money, including bank account restraints, wage garnishments, levying on third parties, such as tenants and customers, placing liens on real estate. These are all designed to interrupt the flow of money to the judgment-debtor and redirect those funds to satisfy our client’s Judgment.
The first step in enforcing a judgment in New York, whether obtained by us or another attorney, is to understand where the judgment-debtor is located, the judgment-debtor’s business, customer base and how that judgment-debtor is getting paid. If the judgment is one we obtained, it is likely that we already know this. If we are retained to enforce a judgment entered by another attorney, we must thoroughly review that attorneys file, when available, to search for information on assets in which the judgment-debtor has an interest. If the file is unavailable, we employ other investigative tools to accomplish this.
In the event a judgment-debtor, let’s call it ABC, Inc., goes out of business wink-wink, nod-nod, and a new entity, let’s call it ABCD, Inc., is formed coincidentally at the same address, using the same phone number and providing virtually identical services to the same customers, we have successfully undertaken fraudulent conveyance, successor-in-interest, and alter-ego actions, whereby in addition to the newly formed entity, we attempt to hold the corporate officers, the puppet-masters of the charade personally liable for the debt.
Enforcing Foreign Judgments In New York
Article IV, Section 1 of the U.S. Constitution states, in part, that “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.” This is commonly referred to as the Full Faith and Credit Clause. Thus, a judgment won in one state may be enforced in another, without a re-litigation of the underlying issues.
New York State, as well as the other 49 states have promulgated various statutes and rules governing the domestication of these foreign judgments. In order to execute on a foreign judgment in New York, the judgment must not be one entered by default and be filed or registered in the particular County wherein that particular judgment-debtor is located. Once this is done, the judgment may be enforced as if it was entered in New York.
If you or your client are judgment-creditors, and your judgment-debtor refuses to pay the outstanding judgment obligation, our office is well versed in the art of judgment collection and enforcement, and can be of service in locating and executing on assets to satisfy your judgment. Give us a call or email us.Civil/Commercial Litigation
The Borg Law Group, PC is a well-respected civil and commercial litigation firm. We have been representing clients in business and personal matters for four decades.
Civil/Commercial Litigation: Defense Representation (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.
Once you are served with a complaint, you will have to file an answer within a very short period of time, so it is important to contact us as quickly as possible. If you miss this window, in many cases, whoever is suing you will win the case by default.
We will help you file an answer, work the discovery process, and get everything ready for trial.
Civil/Commercial Litigation: Plaintiff Representation (If You Need to Sue Someone)
If you have a legal disagreement with someone and feel it can only be resolved in court, we can review your claim and tell you your chances of success.
If we determine that filing suit is the right course of action, we have the resources to quickly bring your matter to the attention of the court.
And if you win your case, and the entity you sued refuses to pay, we can begin collections on your behalf.
FAQs
Can I represent myself?
An individual may represent himself or herself in Court. An incorporated entity is generally required to be represented by counsel in a Court matter. An experienced attorney however will, among many other things, be able to provide more efficient representation and will prevent and unrepresented litigant from being taken advantage of by a more experienced attorney. Remember the old saying, one who represents himself or herself as a fool for an attorney!
What can I do if I am 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.
What is a good reason to sue someone?
There are many reasons why one may want to sue another person or entity. Among them are compensation for personal injury for personal injury, contract enforcement, breach of warranty, products liability, property disputes, matrimonial matters, estate matters, the list can go on and on (and often does!)
In order to provide effective representation, you will need provide the potential defendants name, address, and why you believe you need to sue that person. Copies of any and all documentation or communications exchanged with that person should also be provided to us along with any personal information you may have on that person or entity.
Remember, your right to sue someone can expire if you do not act quickly enough. If the particular statute of limitations expires before you decide to retain an attorney to bring suit, you will lose the right to bring that lawsuit forever. If you have been wronged or hurt, physically, financially, or both, it is in your best interest to act quickly.
While The Borg Law Group, PC can provide representation in contractual and real estate matters, we do not handle personal injury, matrimonial or estate matters. We do have a network of trusted attorneys who we refer certain matters to on a regular basis. We would be happy to provide names and phone numbers of those attorneys should you require representation in a matter outside of our main areas of practice.
Residential/Commercial Real Estate Transactions
At The Borg Law Group, PC, our goal is to provide you with personalized service in all aspects of your purchase or sale, from our initial review of the contract to the day of closing.
We work with you, your real estate agent or broker, and your mortgage lender to make certain your transaction is closed efficiently and on schedule.
We will also keep you fully informed throughout the entire process of the real estate transaction.
Commercial Real Estate
Whether you are planning to buy or sell office space, retail shops, warehouses, or any other commercial properties, we can help.
We can talk you through what you need to know about taxes, zoning, titles, environmental laws, insurance, ADA compliance, and more.
We will be by your side from start to closing.
Residential Real Estate
Buying a home involves the law of real property, which is unique and can create unforeseen problems. We are trained to handle these problems and have the experience to deal with the unexpected.
We will review your brokerage agreements, all contracts, and be with you during closing.
Real Estate FAQs
Why do I need a Lawyer if I am selling?
A seller, without the advice of a lawyer, may sign a brokerage agreement that they do not truly understand. The seller may become liable to pay a brokerage commission even if a sale does not occur or be liable to pay more than one brokerage commission. Some issues requiring expert legal advice are: (i) does the agreement offer the seller the right to negotiate on his or her own behalf; (ii) what is the effect of multiple listings; (iii) what are the broker’s rights if the seller withdraws the property from the market, or can not deliver good marketable title; (iv) how long should an exclusive listing last?
The seller should have the advice and guidance of an attorney with respect to a brokerage agreement. Even if the agreement is a so called “standard form”, its terms should be explained to the seller and revised, if necessary. An attorney is also necessary to determine if the agreement was properly signed.
Even though a lawyer may not be needed during the course of negotiations, the buyer and seller each may have to consult with a lawyer to answer important questions, such as the tax consequences of the purchase or sale. Aside from the tax consequences, the buyer and seller may have questions about the date set for closing, issues of occupancy; fixtures and personal property; and loss due to fire or other casualty. These are some of the many questions that may need to be considered during the negotiation stage in order to avoid disputes when a written contract is prepared. An attorney is also helpful in explaining the nature and amount of closing costs.
When buying a home, what is the Lawyer’s role in negotiating the terms of the contract?
The formal written contract for the sale and purchase of a home is the single most important piece of paper in the transaction. Although printed forms are useful, a lawyer is once again necessary to explain the form and make changes and additions for a particular transaction to reflect the understanding of the buyer and the seller. There are many issues which must be addressed in the written contract. A good example of such an issue is what to do when the seller cannot move out of the property until after the purchaser’s mortgage commitment expires. The lawyers experience in resolving issues such as these could determine whether or not a particular transaction closes.
There are many other legal questions that must be addressed in the contract, including the following. If the property has been altered or there has been an addition to the property, was it done lawfully? What happens if a buyer has an engineer inspect the property who finds termites, asbestos, radon or lead based paint? What are the legal consequences if the closing is delayed or does not take place and what happens to the contract deposit? Will the contract deposit be held in escrow by a lawyer in accordance with appropriately worded escrow instructions? Is the closing appropriately conditioned upon the buyer obtaining financing? How are checks to be drawn at the closing? These are but a few of the many questions that arise with respect to a contract.
What is the Lawyer’s role in connection with financing the purchase?
Most buyers finance a substantial portion of the purchase price with a mortgage loan from a bank or other lending institution. The contract should contain a carefully worded provision that it is subject to the buyer’s obtaining financing. Printed contract forms are generally inadequate to incorporate the real understanding of the buyer and seller without changes being made. Lawyers are necessary to review and explain the importance of these various provisions.
What is the Lawyer’s role at the closing?
The closing is the event which is the grand finale of the purchase and sale transaction. The deed and other closing papers must be prepared. Title passes from seller to buyer, who pays the balance of the purchase price. Frequently, this balance is paid in part from the proceeds of a mortgage loan. The attorney is helpful in explaining the nature and amount of closing costs. Final documents, including the deed and mortgage instruments, are signed. The attorney is necessary to assure that these documents are appropriately executed and thoroughly explained to the various parties. Subsequent to the closing, a closing statement memorializing all aspects of the transaction is prepared, indicating the debits and credits to buyer and seller. Since a real estate transaction may have certain tax consequences, the closing statement is essential for tax computation purposes for both buyer and seller.
The closing process can be confusing and complex to both the buyer and seller. Those present at the closing often include the buyer, the seller, their respective attorneys, the title closer (representative of the title company), the attorney for lending institution, and the real estate broker. Documents need to be recorded, various transfer taxes need to be paid, and provisions for insurance and other incidents of ownership need to be concluded. There may also be last minute disputes about delivering possession and personal property, or the adjustment of various costs, such as fuel and taxes. Here, a lawyer’s advice and guidance is essential.
What about condo, co-ops, and HOAs?
Condominiums, cooperatives and homeowners associations involve forms of ownership that are treated as securities under New York State law and require special documents that are complicated and should be reviewed by an attorney. Condominium declarations, proprietary leases, and “by laws” are but a few of the complex documents confronting buyers of these forms of property ownership. The tax deductions and consequences with respect to the purchase of a condominium or cooperative also need to be explained by a professional that is familiar with these common ownership forms.
What if I run into problems with my Broker?
Licensed Real Estate Brokers in New York State must do more than merely introduce the buyer to the seller to earn their commission. Michael has successfully litigated that point before the Supreme Court of the State of New York, Appellate Division, Second Department. In Ormond Park Realty, Inc., v. Round Hill Development Corp., et. al., 699 N.Y.S.2d 116, the leading case in New York State on this subject, it was held that broker is entitled to recover a commission only if he establishes: (1) that he or she is duly licensed, (2) that he or she had a contract, express or implied, with the party to be charged with paying the commission, and (3) that he or she was the procuring cause of the sale.
Any issue which you may have with your broker should be brought to the attention of your attorney at once. A lawyer’s advice and guidance is essential from the time you decide to sell or to buy residential or commercial real estate to until the actual closing. It is obvious that throughout the process the interests of the buyer and seller will conflict. The broker generally serves the seller and the lender is obtained by the buyer. The respective lawyers for buyer and seller will have no such conflicting loyalties and will serve only their clients’ best interests. That is why you need a lawyer.
Business Law
Consider The Borg Law Group, PC the general counsel for your small to medium sized business. We can help you set up business up in the state of New York, help you keep it running smoothly, help you grow through acquisitions, and when the time comes, help you sell or dissolve the business.
Ask us how we can help you with the following:
- Business Formation and Dissolution
- Contract Creation and Review
- Business Acquisition and Sales
- Noncompete Agreements and Restraints
FAQs
What are the benefits of using an attorney to draft business agreements?
Properly drafted business agreements reduce the risk of lawsuits by other individuals and companies and eliminate confusion and provide clarity for all involved.What are some things that I can prepare to bring to an attorney?
We ask that new clients gather the following relevant documents and provide them to us prior to their consultation: (a) any signed contracts; (b) any papers served or filed in court; (c) any relevant documents; (d) relevant recordings, e-mails, text messages, photos, videos or other communications; and, (e) a summary of the people involved and a timeline of relevant events.
If my business is sued, can my personal property be at risk?
One of the main purposes of creating an entity (Corporation, LLC, LLP, PC) under which you operate your business is to shield the owners of the business from the debts and creditors of the business. In general, a properly formed and maintained entity will act to shield its owners from liability. However, there several ways in which this protection could be lost. A professional cannot use an entity to shield himself/herself from their own negligence or malpractice. An officer or director may be personally liable to the business itself, other owners or even third parties for improper distributions or other actions which involve a breach of fiduciary duty. A business entity which is used for an improper purpose, such as to defraud creditors, may be pierced to allow creditors to reach the assets of owners. The veil protecting a business entity which is insufficiently capitalized may also be subject to being pierced. There are certain business structures which do not provide the owners any protection from liability. If a business makes fraudulent or otherwise improper transfers to owners after knowing of a claim against the business, this could also lead to the owner becoming liable.
What does it mean to “pierce the corporate veil”?
“Piercing the corporate veil” is a legal mechanism which allows for judgment holders or other creditors of a business to collect against the owners of the business. Such claims can come up for several reasons, such as a business being used for improper purposes.
Civil/Commercial Traffic Violations
The Borg Law Group, PC works with both individuals and commercial drivers when they need to dispute a traffic ticket.
Commercial Drivers
If your business has a fleet of vehicles, for either deliveries or services, you know how much you are paying in insurance. If your drivers get even the occasional ticket, your insurance rates can go through the roof.
Also, if your drivers are CDL rated, their penalties can be more severe than for regular drivers.
Having us on your side in traffic court can make all the difference.
Individual Drivers
As with commercial drivers, individuals with traffic violations on their records can end up paying hundreds of dollars in higher insurance premiums over time.
Invest in us to take your case to traffic court and see if we can reduce points, negotiate fees, and mitigate the damage to your record.
FAQs
What happens when you get a ticket in New York?
For a first New York speeding ticket conviction, the cost can range between $90 and $600 depending how fast you were going and where. If you are speeding between 11 and 30 miles over the limit, your ticket will be in the $90 to $300 range. Every New York speeding ticket carries a court fine, mandatory New York State surcharge, and points on your driving record.
Why should I hire an Attorney to handle my traffic ticket?
Retaining counsel may allow you to avoid or lessen the number of points on your driver’s license; avoid appearing in traffic court (in some cases multiple appearances in traffic court); increase the possibility of fine reduction; and lessen the likelihood of auto insurance rate increases.
Why shouldn’t I just plead guilty and move on?
Points could add up to a suspended license; fines can be costly; and your automobile insurance premiums may increase significantly. Having points on your license may also result in your automobile insurance company canceling or not renewing your policy.
How long do traffic tickets stay on your record in New York?
A traffic violation remains on a New York driver’s record for three years after the conviction.