Are You Being Sued by Bankers Healthcare Group or BHG Financial?
If Bankers Healthcare Group, LLC or BHG Financial has sued you and/or your business in Onondaga County, New York Supreme Court, you should consult with a commercial debtor lawyer as soon as possible before a default judgment is filed against you. The law firm of Friedman & Ranzenhofer, PC with offices in Syracuse and throughout NY state has over 68 years’ experience dealing with creditors on behalf of debtors.
We will explain all of your legal options, including how our law firm can defend you in any lawsuit or claim brought by BHG Financial or Bankers Healthcare Group, LLC . We are here to help you through every step of the litigation process. For more information on commercial debt defense, contact our experienced debt settlement lawyers today for a free consultation by calling our Syracuse, NY law office at 315.864.5715 or completing this contact form.
Does your business need legal representation in Onondaga County, NY courts because:
- You were served with a summons and complaint and your business needs to be defended by a New York attorney in the case?
- A judgment was wrongfully entered against your company and/or guarantor and you need help to vacate the judgment?
- Your bank accounts or merchant accounts have been frozen or restrained and you need to unfreeze the account?
- You signed a personal guarantee and the loan is being called due?
- You need help negotiating with the creditor?
Rely on Experienced New York Commercial Debt Attorneys
A corporation or LLC cannot represent itself in New York debt collection litigation. Corporations and LLCs must retain counsel to protect their interests. .
Choose a NY law firm that is fluent in debt collection litigation to assist you. We are well-versed in debt collection defenses and motion practice, to protect your interests.
If you are being sued by Bankers Healthcare Group, LLC or BHG Financial for a debt that you may owe, you are most likely wondering:
- Who are Bankers Healthcare Group, LLC and BHG Financial?
- Why am I being sued by Bankers Healthcare Group, LLC or BHG Financial?
- Do I have to pay the entire amount that Bankers Healthcare Group, LLC or BHG Financial is claiming that I owe in the complaint?
- What are my defenses against the allegations outlined in the Bankers Healthcare Group, LLC or BHG Financial complaint?
I. Who are Bankers Healthcare Group, LLC and BHG Financial?
BHG Financial, formerly known as Bankers Healthcare Group, LLC, is a direct lender that provides financing to businesses and licensed healthcare professionals such as physicians, nurses, pharmacists, dentists, veterinarians, physical therapists and occupational therapists. BHG Financial is partially owned by Pinnacle Bank (PNFP) and has headquarters in Davie, FL and Syracuse, NY. Business loans are used to expand professionals’ client bases, start their own firms, consolidate debt, become equity partners, and invest in the latest operational technology. BHG Financial also offers personal loans and credit cards designed for professionals.
II. Why Am I Being Sued By Bankers Healthcare Group, LLC or BHG Financial?
If you have been served with an Onondaga County Supreme Court summons and complaint by Bankers Healthcare Group, LLC or BGH Financial, you are being sued for failing to make payment on a loan and they are seeking a money judgment. They will be alleging at least three causes of action: Breach of Contract, Financing Agreement, and Personal Guarantee; Unjust Enrichment: and Account Stated.
A. Breach of Contract Financing Agreement, and Personal Guarantee
A NY breach of contract lawsuit claims that you failed to fulfill your obligations under a contract. In this case, it means that the plaintiff loans the defendant money, and the defendant has failed to follow the terms of repayment of that loan. There are four elements that a plaintiff must prove to have a successful breach of contract claim:
- There was a valid contract;
- Plaintiff performed their part of the contract;
- Defendant failed to perform their part of the contract; and
- Plaintiff sustained damages and attorney’s fees as the result of defendant’s breach.
If you agreed to pay your loan and failed to do so without the plaintiff’s consent, you likely breached the contract.
B. Unjust Enrichment
An unjust enrichment lawsuit means that the defendant received a benefit at the plaintiff’s expense, and the benefit was not intended to be a gift. cost of your labor and you received nothing in return. For a successful unjust enrichment claim, the plaintiff must prove the following elements:
- The defendant received a benefit;
- The benefit was received at the plaintiff’s expense; and
- Under the circumstances, it would be unjust for the defendant to retain the benefit without commensurate compensation.
If BHG Financial or Bankers Healthcare Group, LLC gave you a loan which you failed to pay, you received a benefit at their expense. You were unjustly enriched if you did not pay the loan back.
C. Account Stated
An account stated cause of action is a claim for payment where the plaintiff sent an invoice to the defendant, and the defendant failed to pay or object to the invoice in a timely manner. For a successful account stated claim, the plaintiff must prove the following:
- The account was presented;
- The account was mutually accepted as correct; and
- The debtor promised to pay the amount so stated.
III. Do I Have To Pay The Entire Amount that Bankers Healthcare Group, LLC or BHG Financial Is Demanding or can I Negotiate A Lower Settlement?
An experienced creditor-debtor attorney will be able to negotiate a settlement that results in a debt reduction. For example, if you owe $80,000, but you can pay $45,000 in a lump sum, the plaintiff may be inclined, after discussion, to accept the immediate $45,000 rather than take payments over a long period of time. However, this is a complex task that takes an attorney’s knowledge of Bankers Healthcare Group, LLC and BHG Financial lawsuits.
Reducing Your Commercial Debt
Because we represent debtors and fight creditors every day, we know which creditors are likely to negotiate and for what amount a debt should settle. If your business is struggling with commercial debt, call the lawyers at Friedman& Ranzenhofer, PC today. We will work with your creditors to negotiate a manageable repayment plan.
IV. What Are Defenses Against the Allegations in the Bankers Healthcare Group, LLC or BHG Financial Summons &Complaint?
There are a number of affirmative defenses that you a defendant may allege in your answer to the complaint. To fully understand which defense may apply to your case, it is essential that you contact an experienced and knowledgeable NY attorney. The defenses include, but are not limited to, statute of limitations, laches, usury, illegality, defective process service, failure to mitigate damages, lack of jurisdiction, payment, waiver, illusory contract lack of standing, and unconscionability.
Therefore, if you have received a collection notice or are being sued for a matter pertaining to Bankers Healthcare Group or BHG Financial group, LLC, call our Syracuse, NY law office 315.864.5715 or use our contact form for a free, confidential consultation today.