Know your Rights – Merchant Cash Advances

Easy Money or Debt Trap? Merchant Cash Advances are often the small business owner’s last resort for cashflow. When an SBA loan or any other business loan is out of reach, Merchant Cash Advance businesses are eager to give the business owner money. It only takes a couple of days, minimal paperwork, and the money … Read More

What happens at a Deposition

What is a Deposition? One of the more significant events to occur during a litigation is the deposition (governed under CPLR Article 31). The lawyers have the right to question a witness for the other party, under oath, before a court reporter, with no judge present, as part of the “discovery” phase of a law … Read More

should I sue my business partner

Should I sue my Business Partner?

You are fuming right now about what your business partner is doing to you and/or the business and you are wondering if you should sue your business partner. Before pulling the trigger, understand what lies ahead: Is there a way to negotiate yourself out of this? Going to court should always be the last resort. … Read More

Pleading Fraud with Specificity

According to New York Civil Practice Law and Rules section 3016(b), in a fraud cause of action in a complaint, “the circumstances constituting the wrong shall be stated in detail”.  Contrast this with the standard for a libel or slander pleading in 3016(a): ” the particular words complained of shall be set forth in the … Read More

Increasing your Chances of Collecting Outstanding Invoices

I wish every small business that all its clients and customers always pay what is owed.  Unfortunately, we know this not to be true.  At a certain point, all small businesses face the dilemma of either writing off an unpaid invoice or trying to collect it in court.  But there are measures you can take … Read More

Getting Paid – Debt Collections

I don't need to tell you that getting paid by your customers for whatever your small business is offering for sale should be your number one concern.  Here are some pointers for handling this most important aspect of your small business. Prevention, Prevention, Prevention Ask for money in advance, whenever possible.  Ask for periodic advance … Read More