business contracts

Proctor Brant Judgment Recovery

Preserve your ability to recover on an old judgment

By Jesse Brant   · Read bio

 

As Miracle Max noted in The Princess Bride: “There’s a big difference between all dead and mostly dead. Mostly dead is slightly alive.” So it is with Colorado judgments, which come with an expiration date that can be extended so long as the judgment is still in the “slightly alive” category. A county court judgment remains enforceable for six years and a district court judgment for twenty years. A judgment lien, which secures a creditor’s right to collect from the equity in a judgment debtor’s real property, is valid for six years and is secured by recording a transcript of the judgment with the county’s clerk and recorder’s office. These expiration dates can be extended, however, through a procedure known as revival.… » Read the full post

Online Contract Terms and Conditions

Clickwrap and Other Types of Online Contracts: Four Principles to Follow In Creating a Legally Enforceable Electronic Agreement

By Jesse Brant   · Read bio

U.S. Supreme Court Chief Justice John Roberts once characterized modern cell phones as “such a pervasive and insistent part of daily life that a proverbial visitor from Mars might conclude they were an important feature of human anatomy.”[1] 

With the transformation of our society from handshakes and paper to electronics, and from clunky computers to handheld super computers, a wrap agreement is a staple for contract formation in the 21st century.

When written well, online contracts – including terms of service agreements and terms of use agreements – combine the security and formality of a contract with the efficiency that modern life demands. Electronic contract formats include browsewrap, clickwrap, scrollwrap and sign-in wrap agreements.

These electronic agreements allow a business to require a consumer to agree to contractual terms of service prior to doing business. … » Read the full post

Contracts and Invoices: Do These Four Things to Get Paid Easier

How to Make Getting Paid Easier: The Four Things That Should Be in Every Business Contract

By Jesse Brant   · Read bio

Getting paid is a critical part of doing business, but the effort that’s occasionally required to actually get paid can be frustrating at times. The strength of your customer relationships and your diligence in managing accounts receivable are paramount to getting paid. However, sometimes additional action – including legal action – can be required in order to secure payment. The good news is that there are certain contractual provisions you can put in place that will make the collection of overdue payments less costly and much easier for you.

Ideally, a written agreement setting forth payment terms should be part of every transaction.  That said, it’s useful to know that, generally speaking, a contract is not required to be in writing to be legally enforceable.… » Read the full post