Practice Areas

Equipment Leasing & Finance

The attorneys and staff which comprise Smith Debnam’s equipment leasing and finance practice group combine our invaluable understanding of our clients’ businesses with our detailed knowledge of the law in order to provide successful resolution of our clients’ legal issues.  For over twenty years we have provided counsel and advocacy to financing entities, including banking institutions, equipment leasing companies, commercial finance lenders, and equipment vendors.  We offer specific legal expertise in this complex practice area, representing our clients in a wide range of market and transaction sizes with documenting and enforcement of their lease and finance transactions.  Our commitment to serving this segment of the financial services industry is evidenced by several of our attorneys’ active participation in the Equipment Leasing Finance Association (ELFA).

Services we typically provide include the following:

  • Drafting and review of finance leases and related documents.  We assist in the drafting and interpretation of equipment leasing agreements that serve to preserve and protect our clients’ interests under the Uniform Commercial Code and other applicable law.  We also have substantial experience in reviewing and drafting vendor program agreements, broker agreements, and similar contracts.
  • Resolving disputes.  When a dispute arises between the parties to an equipment lease or finance transaction, we attempt to resolve the dispute in a common-sense, efficient manner.  In the event the dispute cannot be resolved amicably, we possess the necessary expertise to litigate or to defend the matter in state or federal court, including bankruptcy and appellate courts, and we are well-versed in all forms of alternative dispute resolution, as well as post-judgment execution procedures.
  • Equipment recovery.  When the other party is not holding up its end of the bargain, it is imperative that our clients efficiently reclaim their equipment or other security.  Our firm has extensive expertise in pre-judgment recovery techniques and remedies.

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