Promissory Note Collection Defense
Eccleston Law consults and defends financial advisors nationwide against promissory note (forgivable loan) collection actions. We have helped reps in all aspects of the collection process, from negotiating discounts and payment plans, to defending against collection actions filed in FINRA arbitration, and to defending against any adverse FINRA arbitration award rendered, including asserting the inability to pay defense before FINRA Enforcement.In our work consulting and defending brokers, we evaluate all defenses a rep may have
In our work consulting and defending brokers, we evaluate all defenses a rep may have against the promissory note, which because it is a contract, is subject to defenses to a contract, such as impossibility of performance or frustration of purpose. We successfully have employed those contract defenses.
Additionally, we evaluate and prosecute when appropriate the financial advisor’s own counterclaims, not only for damages, lost past and future earnings, and for damages related to defamatory Form U-5 (CRD / BrokerCheck) termination language.
Importantly, we also seek to expunge such defamatory Form U-5 termination language and replace that with accurate and complete termination language in order to protect the advisor’s reputation among his/her peers, customers, prospective employers, regulators and professional organizations such as the CFP Board.
If you've received a promissory note, contact the securities lawyers at Eccleston Law for promissory note collection defense.