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Case Summaries

The Following Case Summaries Illustrate What We Have Been Able to Do Recently for Our Clients.

  1. We have a client in Asia whose customers in New Jersey were refusing to pay their bills, either on time or at all. The customers felt that, because our client is half a world away, there was no need to pay attention to the client's demands for payment. The slow payments were having a severe impact on the client, and its business was being significantly and negatively affected. After we were hired to represent the client, we were able to contact the customers and convince them that our presence in the New Jersey was the same as our client's presence here, and that the threat of contract litigation was real. In one case, we received a bank check from one of our client's customers in the amount of $295,755.65 within one (1) week.

  2. We were recently hired by the brother of a debtor that we had sued. The debtor had owed one of our clients, one of the largest food processing companies in New Jersey, a significant amount of money. We filed a collection action against the debtor and were successful in collecting everything that was owed. The debtor's brother was so impressed that he hired us to collect money owed to his electrical supply company.

  3. A Canadian lawyer hired us to file a collections law suit for one of his Canadian clients, a commercial baker, against a debtor located in North Bergen, New Jersey. The Canadian lawyer had referred a matter to us previously. In that earlier case, we needed to domesticate a Canadian Judgment that had been entered against a debtor who lives in Fair Lawn, New Jersey. We collected the Canadian Judgment and we filed a law suit in New Jersey against the North Bergen debtor.

  4. Recently, one of our clients, a small chemical fabricator located in Newark, New Jersey, hired us to file a breach of contract law suit against one of the largest companies in the State of New Jersey. Our client had been hired to manufacture a special chemical compound invented by the other company. The client spent nearly $250,000.00 of its own money to build a special facility to do the manufacturing of the chemical compound and had sacrificed other parts of its business to comply with the contract. Just before the client was to begin production, the other company cancelled the contract. In response to our breach of contract law suit, the other company filed a contract counterclaim which said that our client had broken the contact and further, that our client had caused $2 Million in damages to its relationship with a customer in Milan, Italy. The other company hired one of the biggest law firms in New Jersey to represent it. The case took nearly 2 years to complete, more than 8,700 pages of documents were produced, and nearly 40 witnesses were deposed. The depositions took place in New Jersey, New York, Maryland, Kentucky, Indiana and Milan, Italy. When the case was over, the other company wrote a check to our client for more than $1 Million.

  5. A new client came to us recently. The client had been deceived and defrauded by a fast-talking conman who convinced our client to advance him nearly $77,000.00 to build and open a Children's Day Care Center. In return, the client was supposed to become the owner of an unspecified portion of the Day Care Center company. Unfortunately for our client, that never happened. The conman had none of the education, training or experience that was necessary to open or manage a Day Care Center, and the Center never did open. In the course of pre-trial discovery we learned that the conman had used our client's money for personal purchases. The law suit we filed against the conman was successfully prosecuted on claims for compensatory damages and for punitive damages.

  6. Another client sold his business to someone he believed had the experience to run it. The client also owned the building where the business was located, and he leased the building to the buyer. No more than 8 months after the sale, the buyer started to make only partial payments on the monthly rent and, later, stopped making payments entirely. When we filed a Summary Dispossess action against the buyer- in Landlord-Tenant Court, where the case is over in a few weeks and the only question the Judge asks is, "Did you pay the rent?"- the buyer's lawyer tried to get the case moved to the Law Division Court, where it can take several few years to get a case resolved. We were successful in keeping the case in Landlord-Tenant Court where, because of the tremendous pressure the Court put on the buyer, the entire case was resolved.

  7. A Default Judgment had been entered against one of our clients, and the client did not even know he had been sued by a credit card company. He found out when he went to re-finance the mortgage on his house and his lawyer told him about the Judgment. Because the Judgment was a lien against real estate, the bank would not close on the mortgage until the "title question" was cleared. We filed a Notice of Motion to Vacate the Judgment and argued successfully that, because our client had never been served with the law suit papers-- they had been sent to the house where he had lived with his former wife, and she had never told him about the law suit-- it was a denial of process for the Default Judgment to stand. The Court vacated the Default Judgment and we successfully negotiated a settlement with the credit card company's lawyer for a fraction of the prior Judgment amount.

  8. One of our bigger clients is a distributor of safety products used in the home and in business. The client does not manufacture anything. It only sells products made by someone else. It was sued by one of its customers in a law suit which alleged that our client had conspired with a third company to damage the products of the customer. We were able to prove that the customer's allegations had no factual basis, and that its law suit against our client was frivolous and was a violation of the New Jersey Consumer Fraud Act. The customer had to reimburse our client for the legal fees it paid us.
  9. A client came to us with a lawsuit that had been filed against the company and the company's owner. The law suit claimed that the company had borrowed money from a former employee, that the company had defaulted on the loan, and that both the company and the company's owner were liable for money balance of money due on the loan. We were successful in getting the Court to dismiss the claim against the company's owner.
  10. One of our client's, a local commercial landlord, presented us with a past-due rent claim against a former tenant. We sued the commercial tenant for the monies due on the lease, sued the tenant's owner on the personal guarantee he had signed, and recovered a $64,000.00 Judgment against both. We discovered that, while the guarantor had left New Jersey, he owned several pieces of real estate here, and were successful in causing the Sheriff to sell the property for the benefit of our client.
  11. A. client went into business with two brothers. The three men formed an LLC to operate the business, which involved transporting petroleum products over inland waters. The two brothers ganged up on our client and would not tell him anything about the business and would not pay him. In the course of the litigation that we filed, we discovered that the two brothers had mis-directed several hundred thousand dollars of the LLC's money to a separate business that they owned by themselves. We also discovered that the brothers had, during one particular month, written 6 checks to "Petty Cash", each for $9,800.00-- which was just below the ”magic" amount of $10,000.00, which triggers a notice to the US Treasury Department. When we asked the brothers' accountant about this, he said that he knew nothing of it, and that if he had known, he would have stopped being the accountant for the LLC. Thorough our skill, hard work and diligence, we were able to negotiate a settlement of $1,500,000.00 for our client.

For more information about our experience in handling collections litigation, call us at 201-214-3992 or e-mail our Hackensack law office to arrange a consultation.

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Our Office

The Law Offices of
Myron D. Milch, P.C.

Continental Plaza III
433 Hackensack Avenue
2nd Floor
Hackensack, NJ 07601

Phone: 201-214-3992
Email: mdmilch@milchlaw.com

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