Loan Recovery & the Interest Limitation Act
A loan recovery action is a lawsuit brought when a borrower fails to repay money by the agreed date. In these cases, interest and default damages often add up to a
substantial sum on top of the principal, so it is important to use the litigation process to recover the exact amount you are owed.
Before or during the lawsuit, you can also secure the debtor's assets through provisional attachment or a provisional injunction, and if the debtor has moved assets out of reach,
you can file an action to set aside the fraudulent transfer. If the debtor still refuses to pay after judgment, compulsory enforcement against the debtor's real estate, bank deposits and other assets is available to collect what you are owed.
Damages Claims
If you have suffered bodily injury or emotional distress from a traffic accident, medical malpractice, workplace accident or other safety incident, you can claim compensation from the party responsible.
To do so, you must prove the wrongdoer's intent or negligence. When physical or mental impairment remains permanently even after treatment has ended, the resulting loss or reduction
of earning capacity is known as residual disability. If residual disability exists, it can be established through a court-ordered medical examination and compensated by the responsible party.
Construction Payment Disputes
Construction contracts involve large sums, and disputes over payment are common. When a contractor has completed the work but the owner refuses to acknowledge
or pay the contract price, a legal claim for the construction payment must be brought. The central issue in these cases is whether the work has been completed. Where additional work not listed in the
contract specifications was performed, the contractor can claim payment for it by proving both that the additional work was done and that the parties agreed on payment for it.
Insurance Claims
Insurers do not always pay out when an insured event occurs. An insurance company will seize on even the smallest defect in the policy as grounds to deny a claim,
and even when it does pay, it will do everything it can to pay as little as possible.
Insurers retain dozens of attorneys and physicians as advisors, so taking them on alone is practically impossible for an individual. When an insurance dispute arises,
the only way to face the insurer on equal footing is to promptly retain an attorney with extensive experience in insurance litigation and a solid command of medical issues.
Landlord-Tenant Disputes
In both residential and commercial leases, a wide range of legal disputes can arise between landlords and tenants when a lease is signed, terminated or vacated.
If the landlord fails to return the security deposit after the lease has expired, the tenant must bring an action to recover the deposit; conversely, if the tenant refuses to vacate the premises,
the landlord must file an eviction action. And if a landlord interferes with an outgoing tenant's key-money (premium) agreement with an incoming tenant, the tenant can claim damages from the landlord for the lost premium.
Provisional Attachment & Provisional Injunctions
Provisional attachment is a preservative measure that freezes a debtor's assets in advance to secure the enforcement of a monetary claim or a claim convertible into money. Once a provisional attachment order is issued,
the debtor can no longer freely dispose of the assets, making it far easier for the creditor to ultimately collect. Provisional attachment can be sought against any of the debtor's assets, including real estate, receivables,
movable property and vehicles. A provisional injunction, by contrast, is a preservative measure that secures the enforcement of a final judgment concerning rights or legal relationships other than monetary claims. Commonly used provisional injunctions include
orders prohibiting the disposal of real estate, orders prohibiting the transfer of possession, and restraining orders in cases of domestic violence or stalking.