I talk a lot about having the right systems and processes in place for your business. It’s important because you make your business more efficient, and you as a business owner are more effective. We’re talking about creating a system for qualifying your clients. So, putting my money where my mouth is, sorta, here is my 3 step intake process for new engagements or prospective clients. Feel free to comment!
There’s nothing we as business owners crave more than predictability. So why not make efforts in your business plan to hedge against risks and the general “unknown”? Your business plan is the written foundation for planning for risks. Putting together your business plan is an exercise in vetting the various risks to your business. With that in mind, excited to announce that in a few weeks myself along with a panel of other professionals will be conducting a webinar on risk and adaptation within your business plan. Stay tuned!
There’s quite a lot of talk about the importance of being able to “pivot”. Are you pivot-ready? Is your business able to adapt? I would argue that the key to being able to adapt and improvise stems from having the right tools and foundation in place at the outset. This is the heart of, purpose of, and core of the concept known as business planning.
In this video I discuss the conversations we have as business owners (and generally), how most of those conversations are with ourselves or in our head, and how to make that a productive asset for your business and your happiness. This video is about business planning whether or not we’re living in a time of crisis. Business planning can be daunting for many. The goal however is constant simplicity wherever possible. Business planning is about taking the clutter in your head and executing on your overall vision.
In a day and age where we have so many opportunities to get our message “out there”, we as business rarely stop and think about the potential liability we are exposing ourselves to in the process. What you say matters. The representations you make on your website, social media, and marketing campaigns have very real legal consequences. Do not engage in marketing on any level without considering a discuss with a business attorney or an advertising law attorney, as discussed in more detail in this video. Understanding how advertising can subject you to a lawsuit is a critical part of your business plan.
Communication is critical in every aspect of your business. So why not take it seriously? Take this short journey with me as I tell you everything you’re doing wrong (tough love) when it comes to business related communication.
In this epic rant I discuss the value of staying humble and always keeping your mind open to new educational opportunities and experiences that will further your growth as an individual and as a business owner. I sound like such an adult!
Step 1: The key to all debt collection matters is sufficient and proper documentation. So, first step is making sure you have a complete file. Take a look at this post which sets forth the types of evidence you should have in your file for a breach of contract claim, unjust enrichment claim, or account stated claim.
Step 2: Send invoices and statements periodically and consistently. That means weekly or monthly based on your standard practices.
Step 3: Send a soft demand letter notifying the client/customer that there is an outstanding balance due, the number of days it is past due, that payment is due at this time, and providing them with the quickest means of paying that balance due.
Step 4: After a period of time lapses (say 30 – 60 days) you should have a demand letter sent, that is at least slightly stronger, but still professional. That letter should state the that payment is due immediately, the account is past due and that if they fail to make payment in X days, that you shall refer the account to collections.
Step 5: Refer the account to collections, preferably a law firm. Your attorney will send a demand letter, notifying the customer/client that money is due at this time and if payment is not made within X days, that the attorney is authorized to proceed to collect the debt.
Step 6: When a demand letter from a lawyer fails, I like to send a letter with a Summons and Complaint attached to it, indicating that we are serious about moving forward if payment is not received immediately. I find that a demand letter in and of itself doesn’t do that much 60% of the time.
Step 7: Commence a lawsuit. Hopefully you have a contract that contains some of the key provisions to help you collect debt and minimize exposure, such as the provisions mentioned in this post here.
Debt collection isn’t a one-size fits all but this guide is a great first step in helping you put together a proper debt collection procedure and process.
What is a Motion?
Motions. A motion is an application/request to the Court to do something.
For example, a motion to dismiss is asking the Court to dismiss certain causes of action because they have no legal or factual merit.
For example, a motion for summary judgment is asking the Court to render a judgment now in your favor because there are no issues of material fact.
There are 4 main types of Discovery Motions: (1) a Motion to Compel Discovery Responses (2) a Motion to Strike the Pleading for Failure to Comply with Discovery Demands (3) a Motion to Preclude the Admission of Documents at Trial and (4) a Motion for a Protective Order.
What does filing a motion cost?
The cost of drafting and preparing any motion will depend on the facts and complexity of the issues.
The filing fee for a motion is $45.
How is a motion filed?Notice of Motion vs. Order to Show Cause
A motion is filed by using either a Notice of Motion or Order to Show Cause along with supporting papers (discussed below), and paying the $45 motion filing fee.
As per www.nycourts.gov both a notice of motion and an order to show cause are used to ask the court to do something in a case. But, a motion has strict rules about the number of days it can be served before the court date (otherwise known as the “return date”). Many people find it easier to make an order to show cause because the court sets the court date and tells you how to deliver the papers to the other side.
An order to show cause is good to use in an emergency situation. It can often get you into court faster than a motion. It can ask the court for immediate help until the case is back in court, such as stopping a sale of a home, or the taking of money out of your bank account. This is called a stay or a temporary restraining order.
Filing a motion by using a Notice of Motion
Motion papers consist of a top page called a Notice of Motion, followed by an Affidavit in Support of the motion and in most cases an Attorney Affirmation in Support and/or Memorandum of Law in Support of the Motion, along with copies of any documents that the moving side thinks would help the Judge make a decision.
The party making the motion is called the movant.
The Notice of Motion tells the other side the date the motion will be heard by the court (the “Return Date”). This is sometimes called the return date, or the date the motion is returnable. This date is chosen by the movant according to the Civil Practice Laws and Rules.
The Notice of Motion must also tell the court and the other side what the movant is asking the court to do i.e. the relief being sought.
A sample Notice of Motion form for a motion for summary judgment looks like the following:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
———————————————————————–X INDEX NO. 12345/2019
-against- NOTICE OF MOTION
PLEASE TAKE NOTICE, that upon the annexed affirmation of Jeffrey Davis., the affidavit of Ronnie Rosenblat, the affidavit of Karim Harried and upon all the verified pleadings and proceedings heretofore and herein, the undersigned will move this Court, at the Court house located at 111 Martin Luther King Jr Blvd, in the City of White Plains, County of Westchester, State of New York, on the 28th day of November 2019, at 9:30 a.m. of that date or as soon thereafter as counsel can be heard, for an Order pursuant to CPLR 3212 granting summary judgment in favor of the Plaintiff on the Plaintiff’s First Cause of Action (fraudulent inducement) and the Plaintiff’s Third Cause of Action (unjust enrichment); and for such other and further relief which to this Court seems just and proper under the circumstances.
Pursuant to N.Y. C.P.L.R. 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of this motion.
DATED: November 30, 2019
Davis & Associates
JEFFREY DAVIS, ESQ.
Filing a motion by using an Order to Show Cause
An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and in most cases an Attorney Affirmation in Support and/or Memorandum of Law in Support of the Motion, along with copies of any documents that the moving side thinks would help the Judge make a decision.
As per the nycourts.gov website: “The OSC tells the court and the other side what the movant wants the Judge to do. If the movant wants the Judge to order something right away that can’t wait until the court date, the OSC must say this too. For example, the OSC can ask the Judge to stop an eviction until the court date.” This is called a stay or temporary restraining order (“TRO”).
The OSC is given to the court for a Judge to review and sign. If the Judge signs it, the Judge picks the court date and fills it in on the OSC. The Judge also fills in how you must deliver the OSC to the other side. The Judge may cross-out or change the part that asks for help before the next court date.
What happens after a motion is filed?
When a Notice of Motion is filed, the other side has time to oppose the motion (called opposing papers) and then the movant, generally, has an opportunity to file a reply in further support of the motion.
All papers are submitted on the Return Date. When all the papers have been submitted the motion is deemed “fully submitted”.
Some judges require hard copies, some judges do not. In most cases the judges do not hear oral argument, however if they do require or want oral argument then they notify the parties in advance of such a date.
Once the motion is fully submitted, judges generally have 60 days to make a decision on the motion, however the reality is it will take however long it takes depending on the judge. In some instances a decision may be rendered quickly, in other instances you could be waiting 2 -6 months.