Fortson, Bentley and Griffin’s corporate attorneys strive to protect our client’s business goals and objectives through effective corporate representation and preparation of the legal documentation and contracts necessary to protect our clients’ interests.
Unfortunately, even the most iron-clad legal document cannot make a debtor pay a creditor in the event the debtor is unable or unwilling to do so. In those instances, FB&G’s corporate attorneys rely on our firm’s experienced and talented litigation attorneys, who have a wide variety of experience in all types of commercial collection matters, including:
Suits on a Note
A suit on a note is a lawsuit filed following a default under the terms of a promissory note. The default can be due to the default in the payment of the note, cancellation of insurance, transfer of collateral pledged or other reasons.
A secured transaction is a loan or a credit transaction in which the creditor acquires a consensual security interest in specific collateral owned by the debtor. The creditor is then entitled to foreclose on or repossess the collateral in the event of the debtor’s default under the loan or credit transaction.
In Georgia, where the mortgage instrument contains a provision for power of sale upon a default, the holder of the mortgage instrument may foreclose by selling the property. However, the sale must be conducted in strict compliance with the terms of the power of sale provision in the mortgage instrument.
Under Georgia law, a “foreign judgment” is a judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in the State of Georgia. Foreign judgments must be domesticated in order to be enforceable in Georgia. FB&G’s talented team of business litigation attorneys has a wealth of experience in domesticating foreign judgments in Georgia.
Creditor Representation in Bankruptcy
When a debtor files for bankruptcy protection, its creditors have certain rights under the bankruptcy laws. However, the creditors must meet certain obligations and deadlines. FB&G’s bankruptcy attorneys have extensive experience obtaining relief from the automatic stay, filing complaints objecting to discharge or to except a debt from discharge, and negotiating settlements with a bankrupt debtor.
If you are seeking experienced legal representation regarding a commercial collection matter, please contact us online or by telephone at 706-548-1151.