One of the most frustrating areas of maintaining a successful business is collecting on receivables. It has been said that “a sale to a customer is no more than a gift, until the payment for it has been collected and gets deposited in the bank.” Many businesses learn this truth the hard way, generating great sales and revenue, but suffering from terrible cash flow because payments due are not forthcoming in a timely manner.
Author Archives: Poniatowski Leding Parikh Law Corp.
Attorney Meera Parikh Appointed to Pleasanton Human Services Commission
Meera T. Parikh is one of the partners at Poniatowski Leding Parikh Law Corporation. Meera specializes in business and commercial litigation, real estate litigation, and creditor’s rights in bankruptcy and receiverships. Meera graduated from the University of Houston with a degree in Cell and Molecular Biology. She then continued her education at Santa Clara University School of Law where she received her J.D. and certification in High Tech law. Meera is also a member of the US Patent Bar and was previously a patent attorney in Silicon Valley. Continue reading
Appellate Court Holds That Attorneys Fees Not Recoverable Even Though Credit Application Contained A “Prevailing Party Attorneys Fees” Clause
Many businesses rely on a credit application for the terms and conditions of its sales to its customers. Often the credit application is the only document that the customer actually signs. Relying on invoices, purchase orders, bills of lading, delivery tickets and the like that are not signed by the customer in the ordinary course of business will not support an award of attorneys fees in the event of a collection action and judgment. This is true even though these documents may contain a prevailing party attorneys fees clause. Because the credit application is usually signed by the customer, however, the creditor/seller often successfully relies on the prevailing party attorneys fees clause in the signed credit application for an award of attorneys fees in the event of collection litigation and judgment. Continue reading
Appears to be responsive, as my question was quickly answered
“Unfortunately, we were unable to do business together; but I wouldnt hesitate to try him again on some other matter.”
2017 Review written after consultation with Mark Poniatowski
The Biggest Things to Look For When Buying a Business
It’s usually easier to buy an existing business than to start up your own. This is because everything is already in place, including a customer base. However, there are some things to look for when you buy a fully-operational business. Follow the tips listed below to give yourself a fair chance of success at converting someone else’s business into your own. Continue reading
Finest Real Estate Attorney Around
“I have referred matters to Mark for several years because he is one of the finest real estate attorneys around. I have no hesitation in recommending him for anyone’s real estate matters, whether it be individuals or other attorneys. He’s a professional.”
2017 Testimonial from a fellow Bay Area Attorney
Great Attention To Detail
“Great attention to detail and swiftly answered my questions and emails.”
Anonymous, Avvo 5 Star Review
More Than Thorough
“Mark, was more than thorough in his handling of our case. He went way outside the box by reviewing other defendants that might be culpable and it worked.”
Tom, Avvo 5 Star Review
What is the Appropriate Leasing Term for you?
Signing a commercial lease is a significant commitment for most businesses. Whether negotiating or renewing a commercial lease, it can be difficult to determine the best lease term for your business. Many companies settle for a “standard” 5-year term, which may be appropriate. But there are factors to consider that could make a shorter or longer term more advantageous for your particular business. The information in this discussion may be useful helping you arrive at an appropriate lease term. However, if you’re still not sure, the best approach might be to consult with commercial leasing attorneys to advise you. Continue reading
Quick and Professional
“Mark handled the matter quickly and professionally.”