Bender Commercial Collection Law

Bender Commercial Collection Law I specialize in Accounts Receivable Litigation, or business-to-business debt collection.

Is Arbitration Enforceable In Collection Matters? Arbitration agreements can be enforceable, but they’re not always.  An...
09/25/2025

Is Arbitration Enforceable In Collection Matters?

Arbitration agreements can be enforceable, but they’re not always. And in business collections, you’ll want the right to sue instead. Learn why you should avoid arbitration in collection matters, and how you can challenge an arbitration provision in an agreement you may have signed.


When collecting unpaid receivables, you want the right to sue rather than arbitrate. But even if you’ve signed a contract with an arbitration provision, you may still be able to challenge it. This article will discuss arbitration agreements in business collections and when they’re unenforceable.

Should You Agree To Arbitrate A Collection Matter?Arbitration has some advantages over litigation, but some real disadva...
09/10/2025

Should You Agree To Arbitrate A Collection Matter?

Arbitration has some advantages over litigation, but some real disadvantages as well. In a straightforward collection matter, it may not be desirable. Before you agree to arbitrate, know what you’re getting into and how it can impact your case.


Arbitration is an alternative to litigation where, instead of suing in court, you agree to let a third party decide your case. Compared to litigation, it offers both advantages and disadvantages. This article will discuss the pros and cons of arbitration in business collections.

Is It Worth Chasing Customers For Small Balances? Maybe not for a lawyer, but that doesn’t mean you should just write th...
08/13/2025

Is It Worth Chasing Customers For Small Balances?

Maybe not for a lawyer, but that doesn’t mean you should just write the money off. Many collection agencies can handle small balances, and can offer other benefits as well. Consider the advantages of using collection agencies in non-litigation situations.


While collection agencies can’t sue your customer, they can sometimes be a good alternative to a collection lawyer. This article will discuss some situations, not involving litigation, where an agency may be better for collecting accounts receivable.

Who Can File A Collection Lawsuit? Litigation (or the threat of litigation) is your greatest tool for getting paid.  But...
07/30/2025

Who Can File A Collection Lawsuit?

Litigation (or the threat of litigation) is your greatest tool for getting paid. But only licensed attorneys can file a lawsuit. Learn about this and other benefits of using collection lawyers to recover unpaid receivables.


Collection lawyers and collection agencies are not interchangeable, and they each have advantages over the other. This article will focus on collection lawyers and the advantages they offer over agencies.

How Are Collection Lawyers And Collection Agencies Different? Collection lawyers and agencies both recover business debt...
07/16/2025

How Are Collection Lawyers And Collection Agencies Different?

Collection lawyers and agencies both recover business debt, but have different abilities and limitations. You may use a lawyer in one situation and an agency in another. Learn what their differences are and which is better for your needs.


If your business needs help collecting receivables, it’s important to know how a collection lawyer and collection agency differ from each other. This article will discuss the main differences, so you can make an informed decision when choosing between them.

When’s The Best Time To Settle A Business Collections Matter? You can settle a collection matter at any time, but ideall...
07/02/2025

When’s The Best Time To Settle A Business Collections Matter?

You can settle a collection matter at any time, but ideally you’d want to before filing suit. Pre-litigation settlements can save you money and are often less adversarial. Yet they can also involve certain risks. Learn what those risks are, when they occur and how best to manage them.


In business collections, pre-litigation settlements can save you time and money. Yet without a lawsuit pending, they can be harder to enforce. This article will discuss the pros and cons of pre-litigation settlements and how to manage the risk of nonpayment.

Would You Rather Get Paid More or Paid Fast In a Settlement? The primary issues in a collection settlement are how much ...
06/18/2025

Would You Rather Get Paid More or Paid Fast In a Settlement?

The primary issues in a collection settlement are how much money you’re willing to accept, and how much time you’ll give the customer to pay it. But these factors are usually at odds with each other. Learn how to balance these important issues and the risks and benefits you’ll want to consider.


In a collections lawsuit, settlement reduces the risk, expense, and uncertainty of both litigation and trying to collect a judgment. Every settlement will focus on the amount accepted and the time allowed for payment. This article will discuss how to balance these issues when structuring a settlemen...

What Do You Include When You Settle A Collection Case? It’s no surprise that customers who don’t pay voluntarily before ...
06/05/2025

What Do You Include When You Settle A Collection Case?

It’s no surprise that customers who don’t pay voluntarily before a lawsuit (which is why you sued them), sometimes don’t pay voluntarily when you settle. But settlement in a lawsuit can give you leverage. Learn what terms to require when you resolve your case, including the consequences of nonpayment.


In business collections, a well-drafted settlement will end your lawsuit in 1 of 2 ways: either dismissal if your customer pays the settlement amount, or a judgment if it doesn’t. This article will discuss how a good Stipulation of Settlement provides for either contingency.

Can You Sue A Corporation’s Owner For Non-Payment? Corporations normally shield their owners from personal liability, bu...
05/21/2025

Can You Sue A Corporation’s Owner For Non-Payment?

Corporations normally shield their owners from personal liability, but there are important exceptions that can help you get paid. Learn what these exceptions are and why personal liability can be a huge edge in business collections.


Corporations and limited liability companies are business structures that shield their owners from personal liability. Because the entity is considered its own person, the owner usually isn’t responsible for its debts, which can make collecting receivables harder.

Can Customers Form New Corporations to Escape Their Debts? Imagine a customer owes you money, forms a new corporation, a...
05/07/2025

Can Customers Form New Corporations to Escape Their Debts?

Imagine a customer owes you money, forms a new corporation, and tries to start over debt-free. The old entity owed the money, it says, the new company doesn’t. But the law’s not that simple. Learn about the Successor Liability Doctrine, when it applies, and how you can use it to collect your receivables.


When a customer owes you money, can its owner transfer assets to a new corporation and start over debt-free? Or will the new company inherit the debt to you? This article will discuss successor liability in collections -- what it is and when it applies.

What’s In A Name When Your Customer Doesn’t Pay You?     Imagine a customer using multiple companies with similar names ...
04/23/2025

What’s In A Name When Your Customer Doesn’t Pay You?

Imagine a customer using multiple companies with similar names to hide and shield assets. Think of it as a shell game, with its assets being the pea. But you can follow the pea if you know what to look for. Learn how corporate shell games work and how to spot and defeat them.


In a shell game, the operator uses identical-looking shells and sleight of hand to keep you guessing where the pea is. The same may occur in business collections. This article will discuss how crafty customers use corporate shell games to frustrate collections, and how you can defeat them.

What’s The Difference Between A Judgment And Getting Paid? A judgment isn’t the same as getting paid, but it gets you mu...
04/09/2025

What’s The Difference Between A Judgment And Getting Paid?

A judgment isn’t the same as getting paid, but it gets you much closer if your debtor has assets. Learn the process for seizing the debtor’s assets once you’ve identified them.


Winning a judgment doesn’t guarantee payment, but it does give you the right to lawfully seize property. The process of seizing property to satisfy your judgment is called ex*****on. This article will discuss how it operates in New Jersey.

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