Jordan, Gfroerer & Weddleton - Attorney's at Law
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Jordan, Gfroerer & Weddleton - Attorney's at Law



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Breach of Contract?

Anytime you have a contract or lease, you want to provide that the breaching party will be responsible for all costs of collection, including reasonable attorney's fees.

That was good enough until the other day when a judge concluded that clause in a contract only referred to costs up to judgment. So if you win a judgment and the debtor does not pay the judgment and you incur more costs to collect, it is not added to the amount the debtor owes.

My advice is to add the following language to your contracts, including leases:

    "the breaching party will be responsible for all costs of collection including reasonable attorney's fees up to and including judgment as well as all reasonable costs incurred to collect the judgment in full."

If you would like more information on this subject or if you have a specific question about this subject, feel free to call Attorney Roy Weddleton at (603) 228-1151 or e-mail him at roy@granitelaw.com.
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Jordan, Gfroerer & Weddleton - Attorneys at Law
Four Park Street, Suite 405, Concord, NH 03301-6329
v: 603.228.1151   f: 603.224.2686   e: info@granitelaw.com   w: granitelaw.com



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