Join us on LinkedInWe have used the Poniatowski Leding Parikh Law Firm and have known Mark Poniatowski for over 20 years; we are extremely pleased with the legal advice we have received over those years. The staff is professional, easy to work with and dedicated in protecting our interests. Many of the issues we have asked assistance for are outside “credit/collection/recovery law” and the results have been just as successful. Without the help of Mark and his staff, we know that we would not have had the successful outcomes we have had. We certainly appreciate the knowledge and support received through this law firm.
Tag Archives: contract litigation attorney
The Statute of Limitations on a Contract May Be Different Than You Think
Most business and real estate attorneys assume that the statute of limitations on an oral contract is two years, and on a written contract is 4 years. These are boilerplate assumptions that can trap a businessperson or a landlord; they do not always hold true once we delve into the specifics of a case. Continue reading
Appellate Court Holds That Attorneys Fees Not Recoverable Even Though Credit Application Contained A “Prevailing Party Attorneys Fees” Clause
Many businesses rely on a credit application for the terms and conditions of its sales to its customers. Often the credit application is the only document that the customer actually signs. Relying on invoices, purchase orders, bills of lading, delivery tickets and the like that are not signed by the customer in the ordinary course of business will not support an award of attorneys fees in the event of a collection action and judgment. This is true even though these documents may contain a prevailing party attorneys fees clause. Because the credit application is usually signed by the customer, however, the creditor/seller often successfully relies on the prevailing party attorneys fees clause in the signed credit application for an award of attorneys fees in the event of collection litigation and judgment. Continue reading