Judgment liens / Looking for insurance / protecting no contract customers from competitors / new webinar schedule - see below September 3, 2020
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KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Judgment liens / Looking for insurance / protecting no contract customers from competitors / new webinar schedule - see below September 3, 2020 ***************** Judgment liens ***************** Ken Your firm has obtained judgments in collection actions for us; can we lien the properties? Regards, AR **************** Response **************** A judgment becomes a lien against all real property in the county where the judgment is recorded. K&K's collection department files the judgment in any county we believe the judgment debtor owns real property. Judgments do not become liens against personal property but we can issue retraining notices to the judgment debtor or anyone holding property for the judgment debtor [like a bank] and then issue an execution to the sheriff to levy upon the property; that's a lien and then sale of the property. A judgment [in NY] is good for 20 years but the judgment is only a lien against real property for 10 years. We routinely hear from judgment debtors many years after the judgments were entered looking to pay off the judgment, usually because they want to sell or refinance their property. It's worth our effort to file for the lien because of the few that do pay eventually. ***************** Looking for insurance ***************** Ken We are interested in getting quotes for liability coverage from other carriers that could be more cost effective to what we’re currently paying for our policy. Can you recommend some affordable carriers? Thanks, LR ***************** Response ***************** It’s a pretty tight market so the companies should be competitive. That’s not to say that one company or another won’t look to take advantage when it can. You’re smart to shop around, but be mindful that when [I know you hope “if”] you will be grateful for an insurer who has your back. But who’s back could it have? Its own, and it shows that by total mismanagement of a claim and claim defense, ultimately throwing you to the dogs and leaving you with the option of renewing at an exorbitant increase in premium or forcing you to find another carrier who will know that you got kicked out of a previous carrier. First stop for your search is Security America. At least you can trust their claims department. You can find source for insurance on The Alarm Exchange. ****************** Protecting no contract customers from competitors ***************** Ken, I just received a call from an Alarm Company who wanted me to help him file suit against another company that he believed was “stealing his customers.” I let him know, that, while I am frequently asked by attorneys to provide a value of alarm accounts in litigation actions, I am not a lawyer. I did suggest that he call you to discuss an action for tortious interference with his contracts. He told me that he has always done business on a handshake (mainly because “in his neck of the woods” everyone is honest and they don’t need to have things in writing), and, because of this he didn’t see any reason to have contracts. The “perpetrator” is a competitor in the same county (so much for everyone being honest). I wished him luck, but, without a contract with the “targeted customers” is there much that he can do? Mitch Reitman Reitman Consulting Group 817-698-9999 http://www.reitman.us ********************* Response ******************** There’s a lot he should do, though none of it has anything to do with protecting his customers from competitors, because that’s a lost cause. He’s actually lucky he is still in business; that he hasn’t had a claim that cost him his entire business. He is lucky on one count, his health. And, he needs to stay healthy so he can continue to work because his business is worth nothing; OK, next to nothing. Nothing like working a life time and trying to build a business that you find out has no value. It’s particularly crazy when you’re in a business – the alarm business – and all you need to do is build up RMR under contract to retire comfortably [and most can retire rich]. In order to prevail in a tortious interference action you first have to establish that you have a contract to protect. This guy doesn’t have that. He also isn’t claiming that the competitor stole confidential information or is using deceptive business practices to compete and take his customers. By conducting business the way he did he apparently believed the customers had no value beyond today’s buck, and now he is proving himself right. Smart move saving the few bucks to get proper contracts. Sorry this response is so harsh; rough day. ********************* WEBINAR SCHEDULE AND REGISTRATION ********************* Webinar Series: Financing for the alarm industry When: September 15, 2020 12 PM ET half hour presentation and then Q&A Topic Details: How to Use Lending to Grow Your Business - A general overview of how an alarm dealer can use lending to grow, such as making a acquisitions, buying out a partner, fueling organic growth, consolidating debt, etc. Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc 866-204-9350 ext 1200 www.alarmfunding.com Hosted by: Ken Kirschenbaum Who should attend: company owners and CFOs Register: https://attendee.gotowebinar.com/register/5986254083373814030 This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars ****************** Webinar Series: Financing for the alarm industry When: September 17, 2020 12 PM ET half hour presentation and then Q&A Topic Details: How to Finance an Acquisition - A more specific drill-down on this method of growing by purchasing the accounts of another alarm company Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc 866-204-9350 ext 1200 www.alarmfunding.com Hosted by: Ken Kirschenbaum Who should attend: company owners and CFOs Register: https://attendee.gotowebinar.com/register/4228983813536754190 This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars ********************** Webinar Series: Financing for the alarm industry When: September 22, 2020 12 PM ET half hour presentation and then Q&A Topic Details: How to Finance Organic Growth - A more specific drill-down on the many ways loan financing can help an alarm dealer grown organically through covering creation costs, enabling leasing, expansion, etc. Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc 866-204-9350 ext 1200 www.alarmfunding.com Hosted by: Ken Kirschenbaum Who should attend: company owners and CFOs Register: https://attendee.gotowebinar.com/register/3255545487536556558 This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars ********************* To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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