San Diego Business Attorney – San Diego Real Estate Attorney
San Diego Business Attorney, Valerie Kramer – works directly with Individuals and small business owners in San Diego and Orange Counties. Valerie is a business expert with 30 years experience setting up Incorporations, LLC’s, writing contracts and reviewing the core operating documents that professionals and businesses use each day. When disputes arise and lawsuits are files, a serious litigator like Ms. Kramer, is a blessing to have representing you. Should one of your clients fail to pay your invoice(s), Valerie is where you turn to to get your money collected. Valerie Kramer is a well-known and highly respected business attorney providing quality, affordable business legal services.
San Diego Real Estate Attorneys Warren Fujimoto and Angelo DuPlantier – offer affordable Real Estate legal services to homeowners, professionals and business owners. With more than 80 combined years of local real estate law experience, Warren, Angelo and the crew can help you with real estate disputes, real estate sales or purchases going bad, title disputes, quiet title actions, disputes between real estate sales people and their broker or another agent/broker over commissions, commercial lease issues for business tenants or landlords.
★ Debt Collection ($25,000 or more)
★ Contingency Debt Collection Does’t Work
★ Incorporation / Entity Formation (CORP / S-CORP / LLC)
★ Business Disputes & Lawsuit Lawyer
★ Contract Dispute
★ Breach of Contract
★ Partnership Disputes
★ Business Consulting
★ Business Dissolution
★ Business Contracts (Drafted / Reviewed)
★ Business & Corporate Transactions
★ Non-Compete Disputes
★ Trade Secrets Disputes
★ Real Estate Lititigation
★ Real Estate Disputes
★ Breach of Real Estate Contract
★ Real Estate Transactions
★ Real Estate Commission Disputes
★ Failure to Disclose
★ Escrow and Earnest Money Disputes
★ Landlord / Tenant Disputes
★ Commercial Lease Agreements (Reviewed / Negotiated)
★ Quiet Title Actions
★ Easements and Boundary Disputes
★ Boundary Disputes (Fences & Encroachments)
★ Adjoining Landowner Disputes
Business Disputes – Business Lawsuits – Litigation
Business Litigation: A lawsuit can be a business killer. Besides squelching your forward progress and growth, a lawsuit will create an emotional and financial hot mess of your life. If you are facing a business dispute or a dispute has grown to the lawsuit stage, it is necessary to consult an experienced business litigation attorney promptly. You need to hire a business litigation attorney who knows how to resolve such matters in a quick, favorable and cost-effective manner.
Once a lawsuit is brought to our attention, we will review the facts and law that is pertinent to your case. Then we can explore the strong points of your position and discuss with you the your best-case and worse-case exposure. With the facts and the potential outcomes in focus, we can weigh the fees and costs of of different strategies so that you can make an informed decision on how to proceed. Fortunately, most business litigation cases are eventually settled long before any courtroom trial because you or your opponent chooses to avoid the costs, the uncertainty, the emotional roller coaster and the disruption life in general and business is specific of protracted litigation. MORE…
Were You Served a Lawsuit? – Call a Business Litigation Lawyer
If you’ve been served a lawsuit (a summons) – you have only 30-days to file a legal response (your answer). Thirty days is not long, considering that you will need time to review each claim laid out in the lawsuit so that you can refute or answer each claim, one by one. Your answers to each claim are your bullet-pointed strategy that will define the case. Moreover, at this time you may decide to counter-sue with claims of your own that the opposition will then have to answer as well. Sometime a counter-suit with your claims will convince your opponent (or his or her attorney) that what they thought was a slam-dunk case is not so strong after all. This back and forth often occurs and opens up a written dialog that often ends up settling the case long before any court trial ever happens.
Let’s wrap up the “30-days.” The clock is running. Time is shorter than the 30-days suggests with all that need to be done, so don’t put off focusing your attention on this legal dilemma ASAP. Call Valerie Kramer at (619) 259-5030 and talk over the summons you are looking at. She can help you. Whatever you decide tight now, Please… do NOT procrastinate.
I didn’t Receive a Lawsuit – But I want to Sue Someone!
If, on the other hand, you have decided that it is time to sue someone – or some business, Valerie can advise you if such a move is necessary or perhaps suggest another strategy that might get you to the outcome you envision for less cost and stress than a full-fledged litigation. MORE ABOUT Business Litigation
Filing a Lawsuit Can Get Someone’s Attention! – If you’ve been harmed, taken advantage of, or your requests or demands are being ignored —and you are in “the right” — filing a lawsuit and serving a summons may not only be the “all business” next step, the strategy can motivate an opponent to get serious to work toward a solution or make amends. Call Attorney Kramer at (619) 259-5030 to bounce your situation off of her for a candid, no charge phone review of your circumstances.
A lawsuit is sometimes a business necessity and a strategic business move – to get someones immediate and focused attention while at the same time taking savvy legal steps to protect your interests. Filing a lawsuit is without a doubt you acting forcefully. But that may be the only way that might result in you getting a fast and satisfactory solution. Lawsuits as a business decision demonstrates your commitment to see business disputes through rather than just writing off a dispute without any push back. Filing suit sometimes results in a settlement without need to ever enter a courtroom. On the other hand when big dollars are at stake, lost opportunities put on hold, courtroom litigation is often necessary to protect and enforce your rights in personal and business matters.
Debt Collection Lawyer — Valerie Kramer — Gets Results!
Business Debt Collection Lawyer: If you as a business owner, professional, web designer, architect, contractor, retail store owner are owed money for your products or services, a lawyer is far MORE EFFECTIVE than sending an umteenth email or another ignored/refused certified letter! In fact, it may only take one attorney demand letter from your business lawyer to motivate your debtor to pay you this time and ignore the others he or she has been paying instead of you. We can make you the “squeaky wheel” with teeth.
Step #1 – Attorney Demand Letter – (10-Day Demand to Pay or Be Sued)
If a demand letter from Debt Collection Attorney Valerie Kramer – does not get your debtor’s attention, she will immediately follow up by filing a lawsuit and having a process server hand your debtor the summons. Being served is never fun for the recipient and often embarrassing. Regardless of taking them by surprise, you now have their full attention! You’d be shocked to learn how many people never believe that a threat of being sued will actually end up with a process server showing up at their home, business or job. Our experience is that formerly unresponsive debtors suddenly snap to your attention, as if you are the most important thing in their day.
Step #2 – Lawsuit Served – (Your Debtor has 30-Days to Answer or Default!)
Your civil lawsuit, when contrasted to the other creditors who simply call and email, DEMANDS your debtor’s immediate attention! Additionally, by serving that summons, we have started a countdown clock. Your debtor now MUST file an answer to the court within 30-days or lose the case to you by way of default judgment awarded to you. Answering your lawsuit means they will have to allocate even MORE time and money.
Your debtor now has to locate and hire a lawyer. Debtors being sued for not paying their bills don’t start off making a “good first impression” on the prospective attorneys they contact! The attorney is thinking: “If this person isn’t paying the plaintiff, will I get paid?” Thus lawyers approached by debtor clients being sued for money are more likely to quote a stiff initial fee to protect themself (i.e. $5,000 retainer), which will often convince your debtor to simply decide to pay you off, as the expense of hiring an attorney can seem a fooling extra out-of-pocket cost. As a result of being served, Valerie gets a lot of apologetic, “gee-wiz I am so sorry I forgot to pay”. Almost predictable, Valerie. will get a call the day the process server connects with your defendant — or within a day or two — for those defendants who invest a couple days frantically searching to hire a lawyer and then decide that paying you is far easier and cheaper.
The attorneys your “now a dead-beat defendant” seek out actually meet with and talk with, will likely ask your defendant: “Why have you not paid this money?” If the debtor replies “I have more bills than money.” A legitimate, honest attorney will advise the defendant: “answering the summons will buy you some time, but without a legitimate defense or winnable counter-claim, you are wasting money”. Our experience is that many of these newly-minted defendants will make contact and volunteer to drive over to Valerie’s office to pay the entire debt or ask to sit down to work out payment arrangements.
MINIMUM COLLECTION CASES OF $25,000 – Unfortunately, debts less than approximately $25,000 don’t make sense for the creditor. We would suggest for smaller amounts that you try Small Claims Court for all of the debt or most of the debt (up to the small claims maximum of $10,000).
Lawyers –by definition– are excluded from representing clients in small claims court, thus we don’t have any real-world experience with the small claims process, nor small claims courts. We don’t mean to be rude, but PLEASE don’t call us for small claims advice. We simply have no experience in that setting; thus no worthwhile advice…
Yes we can help businesses with multiple SLOW-PAY or NO-PAY – accounts receivable. We are certainly able to represent business owners who have multiple accounts receivables that, when added together, exceed say $30,000 with affordable legal collection services on an on-going, as-needed basis. That does not mean that we would be a good fit for a stack of $300 invoices that are not paid. Again, hiring an attorney does not “pencil” out for smaller debts.
If you are owed $25,000 or more – a debt collection lawyer is so MUCH MORE EFFECTIVE than your continued efforts or wasting valuable time with a “collection agency.” Many business people don’t know it, but when collection agencies’ ineffective calls and letters don’t result in collecting a debt, they then hire a lawyer, like me, to file a collection lawsuit. Cut out the middleman and go to a lawyer right away!
Debt Collection Lawyer — Valerie Kramer — Collects YOUR money FASTER!
After 30-years, Ms. Kramer knows that the “squeaky wheel” (with teeth) gets paid. Others often are never paid. Why is your client not paying you? Chances are a lot of it is a limited pool of funds and more debts owed than they have money to spread around.
Prediction! Those who are not “ALL BUSINESS” will never see their money collected. Collection agencies and contingency collection lawyers don’t get serious quickly: results are dismal. Those who act quickly and are “all business” will be the first to be paid. We want you to get the money you are owed. Try our straight-forward, affordable, all-business debt collection method. Get the money you are owed now…
Let’s Recap the ALL-Business Debt Collection Process:
SECOND – Valerie will File a Lawsuit & Process Server Will Serve your Debtor – If your lawyer’s demand letter is ignored, Valerie will immediately file a lawsuit and have your debtor served. Once served with court documents, those who foolishly assumed that your lawyer’s demand letter was some sort of a bluff are often quick to call Ms. Kramer to inquire about making immediate payment arrangements to avoid having to hire their own attorney and avoid having to answer the summons which is an expensive added COST on top of what they already must pay you.
THIRD – You are good steward of your business & finances – You are owed money! “Business 101” instructs business owners it is good business to collect what was earned! If the demand letter is not successful then filing a lawsuit is just good, honest follow-through. As business owner or professional you need to get your debtor’s FULL attention to emphasize that you are the squeaky wheel that must be paid before others not as attentive to collecting their debts.
MORE ABOUT: Effective Debt Collection
Collecting Court Judgments – Judgment Enforcement
ATTORNEY FEES ARE SOMETIMES COLLECTABLE: If your judgment is less than our $25K minimum, say in the $10,000 – $25,000 range, it MAY make sense to have Valerie collect your debt. Many court awarded judgments INCLUDE attorney fees in the judgment award. Therefor, when a plaintiff obtains a judgment on a contract or promissory note, the plaintiffs’ rights are merged into the judgment so that attorney fees incurred in enforcing a judgment are included as a collectible cost. If you are unclear about this, call Valerie. She can help you make sense out of the terms of your judgment.
Post Judgment Collection Enforcement: If you are sitting on a court award or judgment and need help collecting your money, call Valerie at (619) 259-5030 for a no cost phone consultation to discuss your options and her ‘take’ on the potential success of collection.
Business Contracts/Agreements – Drafted & Reviewed
Business contracts and agreements: are a necessary component of any successful business operation. If you are a new business, consider the value of your core documents set up to protect you; to actually prevent people from suing you if they sign your sales agreement or work order. One sentence can save you a $100,000 lawsuit or your entire business from bankruptcy. And don’t for a New York minute think that it will never happen to you because you are an honorable sincere person. There are serial business banditos that will sue any and every business they deal with. Their “wins” support their lifestyle. It happens daily in San Diego.
A contractor, a window tint shop, a florist, a web designer — any of these typical businesses could be protected by a carefully-drafted sales contract. Consider a window tint shop that uses a hand written installation form that the person signs as they leave their car there or wait in the waiting room. A standard Office Depot form, for example, could leave holes where ANYONE can sue you. Sometimes force you out of business if devious enough. A couple hours drafting your own custom Installation Agreement can protect you from every day situations that VERY often bankrupt small businesses out of left field. By choosing to run your business operation with custom-tailored core documents, you will prevent simple misunderstandings from snowballing into a lawsuit. Been to a concert lately; the San Diego Zoo; Disneyland, or gone snow skiing? If you can fog a mirror, chances are you know that by purchasing that entrance ticket is tantamount to agreeing that you have no rights; that you are skiing at “your own risk” and agree that you will not file a lawsuit against the venue. You can have that protection in YOUR business. MORE ABOUT: Business Contracts and Agreements
Flat Fee Entity Formation / Fixed Fee Incorporation
Choosing the appropriate legal business entity, for example, a California Corporation vs. an S-Corporation, or an LLC is a first important business decision to consider. Hiring an experienced flat fee entity formation lawyer can make all the difference.
Business Formation: Corporation (INC.), S-Corporation or LLC
Choosing the most appropriate entity – that makes the most sense for your existing sole proprietor business or new start-up business is critically important. Many people will have a hobby that grows out of their home or garage into a money-making operation. Others will operate for years as a sole proprietor doing business in their own name until they realize they might be putting themselves and their family at great risk. By incorporating your existing sole proprietorship into a stand-alone legal entity or incorporating your new business endeavor similarly into a standard C-Corporation, an S-Corporation or a variety of LLC type entities you can limit your liability to the business’s total assets which protect you, your home, your family and your personal assets. Moreover, for many, especially contractors, web designers — those who might work from a home office or small off site space — an S-Corp, for example, might save you literally $1,000’s of dollars a year in taxes. It is worth exploring… MORE ABOUT: Flat Fee Incorporation Service
INCREASED CREDIT / BORROWING – Creating an entity also makes it easier to obtain credit for your business, essentially doubling your ability to secure credit (personal credit and separate business credit) , attract investors, or form a profitable partnership. Valerie Kramer offers Flat Fee pricing for most entity formations.
Is your Corporate or LLC Entity Name available? – Call Valerie Kramer at (619) 259-5030 to discuss your business formation ideas and check name availability of your proposed corporation or LLC.
MORE ABOUT: Flat Fee Entity Formation
San Diego Real Estate Attorneys
San Diego Real Estate Attorneys Warren Fujimoto and Angelo DuPlantier – like our business lawyer Valerie, offer affordable Real Estate legal services to homeowners, professionals and business owners. With more than 80 combined years of local real estate law experience, Warren, Angelo and the crew can help you with real estate disputes, dealing with real estate sales or purchases going bad, title disputes, quiet title actions, disputes between real estate sales people and their broker or another agent/broker over commissions, commercial lease issues for business tenants or landlords, and more. MEET THE ATTORNEYS…
San Diego real estate is some of the most expensive on planet earth and when problems arise, having a real estate expert on your side can make all the difference in solving your real estate issue.
Boundary issues can also relate to encroachments, tree disputes, and the location of walls and fences. Fences straying from boundary lines onto city property or adjoining property, impacts on other property owners’ land as do homeowners building too close to property lines, overgrown trees and landscaping, encroaching driveways, patios, and overhangs and even neighbors using adjoining property owners’ land or right of way. MORE…
Drainage Disputes between Adjoining Property Owners
Problems involving water drainage issues frequently arise in San Diego for property owners who live in or on hillsides where one property is lower than its adjoining parcel. Water flow and drainage issues are normally governed by common law principles in California whereby the dominant property “dominant estate” is the property at the higher elevation, from which water flows. The servient property “servient estate” is the adjoining or nearby property with the lower elevation, onto which water flows. MORE…
Breach of Real Estate Contract
A real estate contract of sale or purchase agreement contains many terms and conditions of sale. If either the seller or the buyer fails to comply with the terms and conditions, such as the seller failing to provide free and clear title to the property, that party is considered to have breached or “defaulted” on the sales agreement. When that happens, other party may have a legal claim against the breaching party. MORE…
Failure to Disclose
Failure to disclose material facts in a real estate transactions — including a purchases or a leases — can consequently cause major financial losses for trusting buyers and tenants. A material or critical fact can be any information that could potentially affect the sales price or the long-term value of a property. MORE…
Misrepresentation, Concealment & Fraud
Buying or selling a property is a significant event for most individuals and business owners. What should be a new opportunity for a buyer can end up full of disappointments and loss of value should facts surface during escrow or following close of escrow that suggest purposeful misrepresentation, concealment of material facts or fraud. We can help… MORE…
Quiet Title Actions & Clouded Title
The plaintiff in a quiet title action is seeking a court order that prevents the respondent from making any subsequent claim to the property. Quiet title actions are necessary because real estate may change hands often, and sometimes it is not clear when determining who has title to the property. Clouded Title – A quiet title lawsuit is also called a suit to remove a cloud. A cloud is any claim or potential claim to ownership of the property. MORE…
Construction Disputes and Litigation
Construction disputes are often expensive to all involved in a project — including property owners, contractors, and subcontractors. Warren and Angelo understand that our construction claims & defense-of-claim clients need practical, cost-effective solutions to the legal problem they find themselves in. Owners, contractors and other building professionals do not want their project to be bogged down by delays caused by litigation. Let’s find a quick solution. MORE…
Title Insurance Defense
When an individual or business entity purchases a residential or commercial property, they expect to receive clear title. To facilitate this, purchasing title insurance from a title insurance company offers them a perceived degree of protection. Call us if this is your situation. We also assist title insurance companies in cases involving third parties. We often initiate subrogation claims against at-fault third parties to secure reimbursement for any payments to insureds under their own policies. MORE…
Bad Faith Insurance Claims
Property owners who purchase a homeowners’ insurance policy or commercial property insurance policy fully expect their insurance company to stand behind them when problems arise. Unfortunately, many claimants are denied, ignored, low-balled. We have decades of experience representing individuals and businesses. We have witnessed the extremes that insurance providers will go to avoid paying legitimate claims. Call us! MORE…
Every Individual or Business will Rent, Lease or Buy Real Estate
Warren and Angelo are extremely competent and experienced Real Estate Attorneys – In addition to legal issues that might pop up from left field, most Individuals, professionals, and business owners will at some point lease or buy a home, office, warehouse or industrial space which will be governed by a serious purchase agreement or lease contract that should be reviewed (and often negotiated to your advantage). Moreover, that lease or purchase contract will have some serious tax ramifications that can result in painful tax debt if not set-up correctly from the start. Having a Real Estate lawyer review your purchase contract or commercial lease agreement might make all the difference in the world.
Call us – We are here to Help!
Let’s talk through your issue or opportunity. We Are Your San Diego Business & Real Estate Attorneys…
We are proud to serve
individuals and businesses
in San Diego County.