Legal & Litigation law firm by Lincoln and Morgan San Diego

Asset Location legal solutions with Lincoln & Morgan San Diego : The major advantage of being a secured commercial lien holder is the lien holder’s ability to secure the entirety of the pledged assets as collateral as established through the security agreement and evidenced by the UCC Lien. The security agreement clearly identifies the specific secured collateral that is being pledged. The problem occurs at the point of default of the funding agreement and when the recipient refuses to surrender the secured collateral as was required by the agreement. Discover even more information on Lincoln and Morgan.

Accounts Receivable Management: Those who obtain the information have the power! We (Lincoln & Morgan) help train our clients to understand A/R management from 31 days past due and beyond. This helps to ensure minimal losses and calculated cash flow to keep your business profitable and growing! Custom Tailored Approach for your Company: We (Lincoln & Morgan) are not only your receivable mediation firm but an extension of your company, that secret weapon down the hall in your arsenal against lost receivables and lost customers. Utilizing our vault of vast amounts of information, we have the tools and expertise to get the results you desire in a manner that suits your company’s image.

Mediation will not be appropriate in all circumstances. In particular: where the parties require emergency relief, for example, a court injunction (although mediation may be able to assist in resolving the underlying dispute); where a legal or commercial precedent needs to be set; where one or more of the parties wishes the case to be heard in public; it is unlikely to add value if the parties themselves are capable of handling direct negotiations efficiently and effectively; or if it is clear that the other side has no intention to settle but just wants to use mediation as a delaying tactic.

Delinquent accounts are the brakes that bring companies to a screeching halt. The economic exigencies of recent years has pushed many companies to extend the time they will permit an accounts receivable to age prior to instituting formal recovery efforts. Based on the survey of members of the Commercial Recovery Agency Association, this loosening of payment requirements is a severe negative impact on company’s cash flow and profits. In fact in many cases it leads to companies struggling financially and even going out of business altogether.

Mediation can be used successfully together with arbitration or litigation – where parties agree to seek to resolve a dispute by mediation first and only proceed to arbitration or litigation if the mediation fails to produce a settlement. Over 90 per cent. of commercial disputes are settled prior to a court or arbitration hearing. Critics of mediation therefore often question what mediation adds to the dispute compromise process that cannot be achieved through direct negotiations.

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