Contracts, at their most essential level, are enforceable promises, pursuant to which one or both parties commit either to do or not to do something. Notes and guaranties are enforceable promises to pay a certain amount, on a certain schedule and under certain conditions. When that promise is broken, state law provides remedial options to the non-breaching party -- most commonly the commencement of a suit for collection. 

    If properly asserted, note suits can frequently be resolved "on the pleadings", such that the expense and delay of an evidentiary hearing is unnecessary. We are experienced in the methods that are most likely to streamline the note suit process. In addition, there are sometimes opportunities for coupling a note suit with other types of remedial action, thereby increasing the likelihood of a swift and satisfactory recovery. These alternative remedies may include direct collection of accounts, attachments, prejudgment garnishment or charging orders, the filing of an involuntary bankruptcy petition, and suits for dissolution of a defunct borrower entity. 

    We offer advice and assistance in selecting the optimal course for effecting collection of defaulted notes and guaranties under Virginia law and representation in the course of prosecuting suits for collection or for the implementation of alternative remedies.