Articles Posted in Collections

The U.S. Supreme Court Clarifies What Is — and Isn’t — a ‘Domestic Injury’ for Purposes of a Civil Rico Claim
Poole Huffman, LLC

Often, RICO cases fail due to very specific pleading errors. A RICO plaintiff may fail to meet the law’s requirements for pleading continuity, for pleading a valid RICO enterprise, for pleading underlying fraud claims with particularity, or for pleading an injury that qualifies under the law as “domestic,” not foreign. Whether you are pursuing a…

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Technical Experts, Unreliable Methodologies, and Litigating a Commercial Contract Breach in Georgia
Poole Huffman, LLC

Your business likely includes various elements of highly industry-specific knowledge. That can present a challenge if you encounter a need to bring a breach of contract lawsuit, as one or both sides may require experts to help the court make sense of the technical issues. When that happens, it is essential to ensure that the…

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Succeeding in a Motion for Summary Judgment When Your Borrower Has Defaulted on Its Loan
Poole Huffman, LLC

In these challenging economic times, many businesses face substantial struggles. Sometimes, those struggles may lead a business that owes money to yours to fall behind on paying its debts. Of course, your business’ own success is predicated on getting paid the sums that are owed to you, and getting paid on a timely basis. When…

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11th Circuit Court of Appeals Upholds a Contract Litigation Win for a Business That Was Not Paid as Prescribed in Its Agreement
Poole Huffman, LLC

After you’ve signed your commercial contract and you’ve done the work your contract prescribed, you expect to be paid what you’re owed under that agreement. Unfortunately, that doesn’t always happen, which may necessitate bringing a breach of contract lawsuit. An experienced Atlanta breach of contract lawyer can help you to get everything you owed in…

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How a Commercial Creditor in Georgia Obtained a Renewed Opportunity to Pursue a Personal Guarantor of a Farm’s Debts
Poole Huffman, LLC

In any sort of business or commercial dispute, there is a high probability that certain written documents will play an important role. Sometimes, though, it’s what isn’t written down that may hold the key to a successful case. In some situation, oral contracts may be valid and binding. In order for that to happen, though,…

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Georgia Supreme Court Clarifies an Important Limitation on Seeking to Set Aside Out-Of-State Judgments
Poole Huffman, LLC

Doing business today will often mean interactions with clients, contract partners, and others that may bring you into contact with many different states. This may sometimes bring about a situation in which you need to enforce a judgment from one state in another or defend against such a judgment. When these commercial litigation situations arise,…

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Protecting Your Rights as a Creditor in Georgia After Your Debtor Has Engaged in a Fraudulent Transfer
Poole Huffman, LLC

As a creditor, you understand that your business involves certain risks that “come with the territory.” Sometimes, a debtor’s business may fail to attract customers or may be destroyed by a catastrophic event. Other times, though, the debtor is not an innocent actor, such as cases where the debtor engages in fraudulent transfers to try…

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How Divorce Settlement Agreements May Lead to Voidable Transfers
Poole Huffman, LLC

If you are a creditor, you may not know that assets transferred in divorce settlements can be considered voidable transfers. The court can either reverse the transfer or enter a judgement against the spouse receiving the transferred property. Under the Uniform Voidable Transactions Act (UVTA), previously known as the Uniform Fraudulent Transfers Act (UFTA), a…

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