{"id":65,"date":"2017-08-29T22:48:05","date_gmt":"2017-08-30T02:48:05","guid":{"rendered":"https:\/\/www.einhornlawfirm.com\/legal-blog\/?p=65"},"modified":"2017-08-29T22:48:05","modified_gmt":"2017-08-30T02:48:05","slug":"money-safe-connecticut-business-contacts-closer","status":"publish","type":"post","link":"https:\/\/www.einhornlawfirm.com\/legal-blog\/money-safe-connecticut-business-contacts-closer\/","title":{"rendered":"KEEP YOUR MONEY SAFE AND YOUR CONNECTICUT BUSINESS CONTACTS CLOSER"},"content":{"rendered":"

The next time you jump on the bandwagon and complain that bailed out banks are charging you too much for watching your money you might want to reconsider as it is after all \u201csafe\u201d.\u00a0 You may find it is actually a really good deal to keep it there safe and tucked away, rather than lending money to someone, investing it, selling products, or taking any <\/u>risk in expanding your business, and creating new jobs.\u00a0 This sense of security will no doubt come from reviewing the high costs and slim likelihood of collecting money owed to you in the State of Connecticut, which I hope you recall came from reading this article.<\/p>\n

    \n
  1. Costs to Sue:<\/u><\/strong><\/li>\n<\/ol>\n

    If you own a business, rent property, sell products, or have a contract with someone and find yourself having to file suit, the State of Connecticut has two venues for collection actions; small claims for those under $5,000.00 and Superior Court for those claims over $5,000.00.\u00a0 For example; if you have 4 tenants you may be able to combine them on one suit, unless you are a caterer or dry cleaner with 4 clients who each owe you money.\u00a0 That\u2019s 4 suits each with a small claims entry fee of $95.00 for a total of $380.00 just for the right to go to court.<\/p>\n

    These fees of course only get raised, not lowered, and since I started practicing law in 1998 Superior Court entry fees have climbed from $185.00 to $360.00 in 19 years.\u00a0 Therefore, if you have 10 people owing you each $6,000.00 that means to collect $60,000.00 you will have to expend (excluding legal fees, and Marshal fees or interest) $3,600.00 or 6% more of the amount owed!<\/p>\n

      \n
    1. Interest Free Debts:<\/u><\/strong><\/li>\n<\/ol>\n

      It gets better though, in addition to having to pay an entry fee in all Superior Court matters and in certain instances in small claims, you are required to have a Marshal \u201cserve process\u201d\u00a0 which are court papers on the defendants, adding another $75-$150.00 to your costs.\u00a0 Once you get a judgment (I won\u2019t even get into how long that takes these days in small claims) you then will find you are no longer able to automatically collect interest on the amount awarded in the judgment<\/u><\/em> due to a court case that \u201cre-interpreted\u201d the post judgment interest statute.\u00a0 This means if you had a contract that allowed 12% interest a year for nonpayment and got a judgment, that judgment is most likely no longer accruing interest after the judgment.\u00a0 If that is not scary enough, the court routinely orders individual debtors to only make minimum payments of $140.00 a month or $35.00 a week.\u00a0 So now you lost out on post judgment interest, but instead of paying you back timely, a debtor can make only the minimum payments ($35.00 a week) and effectively they have (thanks to your lawsuit) an interest free loan with reduced payments<\/u><\/em> from the ones outlined in your contract.\u00a0 So for example, if you are owed $10,000.00 and had a contract with interest provisions of 1% for each month late and \u201creasonable\u201d attorney\u2019s fees (these are usually in Connecticut held to be 15% of the principle<\/u><\/em>) you should receive a judgment for principle plus pre- judgment interest (assume it\u2019s been in default one year) with reasonable attorney\u2019s fees totaling $12,800.00 plus court costs.\u00a0 Then the debtor can, if they are individuals and not a business, pay you back $140.00 a month over the next 7.6 years with no interest accruing.\u00a0 So are you feeling sorry that you only pay your bank a few dollars to safe guard your money yet?<\/em><\/strong>\u00a0 Any individual <\/u>in Connecticut you may lend to, sell to, contract with or do business with can simply allow a contracted debt to become a judgment interest free loan repayable at $140.00 a month or $35.00 a week.<\/p>\n

      It actually<\/u><\/em> gets better because if the debtor thinks that he is getting a bad deal and stops paying, you must now \u201cpay\u201d the State for the \u201cprivilege\u201d of getting paid on your judgment by spending $105.00 for each<\/u><\/em> Bank or Wage Garnishment\/Execution requested against the debtor.\u00a0 The fee applies whether or not it\u2019s successful!\u00a0 So now you obtained your judgment likely with no post judgment interest and the debtor makes one monthly payment and stops paying.\u00a0 So you then pay the court another $105.00 (this cost was $0 in 1998) to get a Bank execution, give it to the Marshal (who gets to keep 15% of the amounts collected as his fee but his fee doesn\u2019t reduce the debt its added to it) and you actually find the debtors bank account, because he was unfortunate enough to have left it in his name and are told by the Marshal you \u201chit\u201d for $2,500.00.\u00a0 Well the next thing that happens is the debtor (because he is instructed how in the papers served on the bank by the Marshal as required by the courts) files an exemption claim alleging the monies are exempt because they are either; social security, unemployment, worker\u2019s compensation or alimony monies.\u00a0 You get another hearing at which you most likely still need an attorney and the court rules (example only) that $1,500.00 is money from unemployment and the first $1,000.00 is \u201cprotected\u201d from creditors, so you get nothing but more costs for the \u201cpermission\u201d to pursue your judgment.<\/p>\n

      III.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Ways to Protect Yourself:<\/u><\/strong><\/p>\n

      You may feel at this point that collections in Connecticut are just a big money pit with everyone taking a cut but the creditor.\u00a0 Though this may be the impression most people get, you will still have to make a living (assuming you haven\u2019t gone out of business) so you decide to do business in Connecticut anyway.\u00a0 The first thing you should know about is if you are entitled to a Mechanic\u2019s Lien (See Connecticut General Statutes Section 49-33) for labor or materials supplied to improve a property in the last 90 days.\u00a0 If your work fits the description of allowed work and you have the right under the law, you can have your attorney file a Mechanic\u2019s Lien against the property on which the debt is based.\u00a0 This offers a little protection, although since it is only good for one year and if the debtor is under or threatened by foreclosure you will most likely not recover anything if your lien is after the mortgage being foreclosed.<\/p>\n

      Always<\/u><\/em> ask for employment information when signing a contract or doing business with individuals.\u00a0 You may try and incorporate this information request into your contracts.\u00a0 This will give you a place to start once you do get a judgment.\u00a0 It will still cost you $105.00 (current 2017 amount) for the \u201cprivilege\u201d of enforcing your judgment by applying for a wage execution.\u00a0 Additionally<\/u><\/em>, only approximately 25% of the debtor\u2019s net paycheck is subject to garnishment and the debtor can ask the court to reduce the amount.<\/p>\n

      Always have a signed contract by the party you are doing business with and in that agreement should be a term for reasonable attorney\u2019s fees and costs.\u00a0 In Connecticut, a signed contract gives you 6 years to sue on a breach of contract and an oral contract has to be sued on in 3 years.\u00a0 One strategy that may be employed to avoid the lack of Post Judgment Interest is to wait the full 6 years, if the contract allows interests to accrue on default.\u00a0 Suing at the end of the contract term instead of at its breach may allow for an increased judgment amount and give the debtor an incentive to make payments to avoid the interest.\u00a0 This will seem to most, the lesser of two bad choices.<\/p>\n

        \n
      1. Debt Collection and Public Policy in Connecticut<\/u><\/strong><\/li>\n<\/ol>\n

        Well you may have concluded by now that doing business with people in Connecticut is risky?\u00a0 It really is to some extent all over the United States as the days of hand shakes and promises are distant memories but the current fee and legal structure in Connecticut is truly of serious concern to individuals and to small and large businesses alike operating in the State.\u00a0 Imagine a paving company who has operated by an unsigned proposal estimate and has to sue 1 out of 5 debtors for payments averaging $8,000.00?\u00a0 Or an advertising company collecting on delinquent accounts, hospitals collecting on unpaid bills or simple installment loans, all are at risk<\/u><\/em> of being uncollectible under the current system.\u00a0 The best you can do is try and stay appraised of the current laws as the majority of debtors know them well and know how to take advantage of them.\u00a0 Don\u2019t be afraid to report delinquent payments to the three national credit bureaus and to check the Connecticut Judicial Branch Website: http:\/\/www.jud.ct.gov\/<\/a> for individuals or businesses with prior court cases before dealing with anyone in State.\u00a0 I would also advise a credit check prior to an installment contract and try and get as much money upfront as possible on every deal.<\/p>\n

        Some simple Connecticut General Statute changes could seriously decrease delinquencies and lower the costs of doing business in one of the most expensive states to operate in.\u00a0 Reinstating post judgment interest at 10% for all judgments<\/u><\/em> would re-instill needed leverage and incentives for debtors to repay debts timely.\u00a0 A leveling of the playing field by lessening court notices of debtor\u2019s rights would lessen a perception that they are the favored party under the law.\u00a0 Eliminating the heavy fee structure that is attempting to raise fees (taxes to be honest) for the State\u2019s coffers from aggrieved parties when they are already facing damages, would lower the costs of suit.\u00a0 Attorneys of record should as of right, be allowed to issue bank and wage executions without court approval as they do with judgment liens.\u00a0 This would stream line the process and remove the need for execution fees.\u00a0 Debtors should have to register their current employment information with the court at the simple request of the Creditor without a costly hearing.\u00a0 This information could also be furnished from the Department of Revenue Services should the debtor not respond to the request.\u00a0 Finally, the entry fees should be reduced in light of electronic court filings which have reduced man power requirements for the court system.\u00a0 Without a fair, quick hearing with the application of impartial laws and means to reclaim one\u2019s debts, our businesses and society will sit on their money and do nothing with it.<\/p>\n

        If you feel that Connecticut law is skewed too much in favor of debtors and defendants then please contact your local Senator or Representative, as well as your Chamber of Commerce and the Connecticut Business and Industry Association (CBIA), and ask them to enact laws that protect all creditors, who are creating jobs, doing business, lending money and hiring workers in Connecticut<\/u><\/em>.\u00a0 Without changes to the current system lending and business costs in general will continue to rise in Connecticut as collection rates decline and costs of collections increase.\u00a0 And of course with all the money sitting in the Banks they may just want to charge us more for \u201cprotecting\u201d it.<\/p>\n

        Attorney Geoffrey Einhorn is the Managing Partner of the Law Offices of Geoffrey T. Einhorn, LLC.\u00a0 Located in at 741 North Colony Road Suite 1 Wallingford, CT http:\/\/www.einhornlawfirm.com\/<\/a> Telephone 203-269-1665.\u00a0 The Firm represents commercial and individual creditors from national banks and businesses to mom and pop businesses.\u00a0 The above information was for informational purposes only and not a solicitation or intended as legal advice<\/u><\/em><\/strong>.<\/u><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

        The next time you jump on the bandwagon and complain that bailed out banks are charging you too much for watching your money you might want to reconsider as it is after all \u201csafe\u201d.\u00a0 You may find it is actually a really good deal to keep it<\/p>\n","protected":false},"author":1,"featured_media":66,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[3],"tags":[6],"class_list":["post-65","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-information","tag-closing-tips"],"yoast_head":"\nKEEP YOUR MONEY SAFE AND YOUR CONNECTICUT BUSINESS CONTACTS CLOSER<\/title>\n<meta name=\"description\" content=\"The next time you jump on the bandwagon and complain that bailed out banks are charging you 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