16th August 2017 | Sand Law, PLLC
Many large news agencies have written that the North Dakota Oil Boom is a thing of the past. However, we here with our boots on the ground know that there is still plenty of business out there and money to be made.
That being said, there have been a fair share of “fly-by-night” outfits that either packed up and skipped town in the middle of the night, leaving their debts behind. Others weren’t prepared for the slow down and did not have the capital or the resources to make good on their promises. These companies often left other business owners unpaid or holding the bill. That’s where we come in.
The debt collection attorneys at Sand Law are well versed in these types of matters. Our team of North Dakota debt collection lawyers know the law and can get creative when trying to get you the money you were promised.
There are several ways to recover what us owed to you.
One option is by noticing, serving, and filing a lien on a particular property. A lien is a person or business’ right to take possession of property that belongs to another person or business until a debt owed by that person or business has been satisfied.
Basically, if somebody owes you money than you can put a lien on something that they own until they pay you the money owed. The way you get paid is because the person or business is then unable to make any transactions involving the “liened” property until either the debt is paid or the lien is lifted.
In North Dakota, there are a number of different types of liens. There are well/pipeline construction liens, oil and gas owner’s sales liens, as well as construction liens.
Breach Of Contract Action
When two parties enter into an agreement that consists of an offer, an acceptance, and consideration – than a contract has been formed. An offer is simply an offer to perform a specific action. It can be an offer to complete work or an offer to pay for work to be completed. Acceptance is the other party agreeing to the terms of the offer. Finally, consideration is when both parties receive a benefit.
For example, if Company A offers Company B $1,000,000 to excavate land then Company A receives the benefit of having their land excavated and Company B receives the benefit of getting paid $1,000,000. There is then an enforceable contract and if either party breaches this contract (breaks their promise to perform) than the other party has cause to bring a breach of contract action.
Once a party prevails in the court system on a breach of contract matter they are handed a judgment from the judge. That judgment allows that party to recover the money owed to them.
An eviction proceeding generally occurs when a party has breached the terms of their lease or has failed to make rent. In North Dakota, this commonly occurs on oil well pad sites, housing sites such as man camps, and construction sites.
As lawyers we provide notice, service, and filing of eviction matters on the defending party. We then use the court system to secure an eviction judgment that can be used to have the party forcibly removed from the premises.
Your Rights And Remedies
In most debt collection cases, you may be entitled to recover compensation for things like:
- Lost income
- Waste on the property
- Attorney’s fees
- Costs, disbursements, and expenses
Regardless of the claim, it is important to act fast in order to preserve your rights. Statutes of limitations may apply as well as other local deadlines. Let our team of North Dakota Debt Collection Attorneys go to work for you. With offices in Watford City, Williston, Minot, and Bismarck – we handle cases throughout the oilfield of Western North Dakota. Call 701-609-1510 or visit us online.