Contract Litigation
Certain contracts must be in writing to be enforceable in Georgia, including contracts for the sale of land, promises to pay the debts of another party, promises to loan money, and any agreement that cannot be performed within a year of making it. Contracts define the expectations and terms of relationships between businesses. A valid contract must have certain components: a meeting of the minds, two or more parties that are able to reach an agreement, obligations that must be fulfilled by each party, and a lawful purpose. When a party breaches a contract or fails to perform without an excuse, there may be substantial losses by the other party. A business that does not breach a valid contract that another party breached is entitled to pursue a breach of contract lawsuit to recover all of the damages that arose naturally from the breach.
Real Estate Litigation
Our Atlanta business litigation attorneys handle real estate disputes for developers, landowners, lenders, contractors, loan participants, property managers, homeowners’ associations, and corporate tenants. Disputes may involve landlord-tenant matters, lender-borrower disputes, construction disputes, title and lien priority disputes, and contractual rights disputes. Different laws apply depending on the situation at hand, and some of these laws may be complicated and technical. For example, a seller may agree to finance some or all of the purchase price by using a contract for deed, a security deed, a lease-option contract, or a mortgage. If a buyer defaults, it is important to retain an attorney who understands the potential remedies that may be available.
Landlord Representation
We represent landlords in disputes against tenants. We understand that landlords must maximize the returns on their investments by efficiently resolving disputes. Disputes that we handle include the nonpayment of rent, evictions, lease provision disputes, ownership transfer issues, and landlord lien rights. In Georgia, a landlord can evict a tenant when the tenant does not pay rent, the tenant stays beyond the term of the lease, there is a tenancy at sufferance or at will, or the lease identifies a condition that is breached and allows the landlord to terminate the lease. In order to evict a tenant in Georgia, landlords need to follow a specific eviction process set forth by statute. Our business litigation lawyers can help Atlanta landlords ensure that they meet the requirements.
Commercial Debt Collection
Sometimes customers may pay too slowly or may not pay at all. We can help businesses collect from other businesses that have used their services or products and failed to pay. We can investigate ways in which to recover money for a debt. While Georgia does not favor default judgments, this is sometimes the best way to collect a debt. Generally, to get a default judgment set aside, one of the following must be shown: fraud, mistake, or accident, as well as no negligence on the part of the party trying to get the judgment set aside.
Judgment Collection
Simply obtaining a favorable ruling on liability and damages may not be sufficient to actually obtain the compensation to which you are entitled. Often, it is necessary to take further legal steps to collect the money that you were awarded in court. We can make sure that your judgment has been perfected, conduct a full asset search, and conduct post-judgment discovery. Further steps may also include filing a garnishment action or seeking a default judgment. Our Atlanta business litigation lawyers may be able to use the legal process to garnish the debtor’s bank accounts and income streams, including wages.
Creditor’s Rights & Bankruptcy
Our firm represents lenders and creditors in defending their rights, whether inside or outside bankruptcy court. We have substantial experience in traditional bankruptcy proceedings in Chapter 7, 11, and 13 bankruptcy cases, debt restructuring, workouts, settlements, and litigation. We represent creditors in consumer and commercial bankruptcies. We have handled negotiating confirmation plans, dealing with problematic real estate loans and leases, seeking receiverships over commercial real estate and businesses, arranging out-of-court debt restructuring and workouts, and asking for modifications of stays, among other issues.
Partnership and Fiduciary Disputes
An individual or entity with a fiduciary duty is legally bound or ethically obligated to act toward another party in that party’s best interest. The fiduciary responsible for using sound reasoning for the purposes of decision making in the interests of the principal has a duty of care toward that person. The fiduciary with a duty of loyalty acts on behalf of the company, even if company-centric decisions come into conflict with the interests of the fiduciary. If a fiduciary is not acting in the best interests of a party or entity, it is best to discuss the matter with a skilled attorney.
Consult an Experienced Business Litigation Attorney in the Atlanta Area
At Poole Huffman, what distinguishes us from other firms is our view of legal disputes. We understand that for our clients, every legal matter is a business decision. Often, clients are faced with situations that have caused financial pressure or emotional stress. We insist on our representation bringing value to our clients. Our firm is here to build trusting, long-lasting relationships that help our clients fulfill their objectives. If you are concerned about impending litigation, call us at 404-373-4008 or contact us through our online form.
