Attorney Sarah Emily Fisher's Legal Cases

Debt collection

Carrier Services Group, Inc. v. IQ Reseller Inc

Jun 16, 2014

OUTCOME: Successfully opposed judgment debtor's motion to stay enforcement of and vacate my client's foreign judgment. Judgment debtor's motion denied.

Hennepin County Court File No. 27-CV-14-2426. My client, Carrier Services Group, Inc. ("CSG") obtained judgment by default against IQ Reseller Inc. in Ohio and retained me to enforce its judgment in M ... innesota. I docketed the OH judgment in MN and began collection efforts. IQ Reseller brought a motion to stay enforcement of and vacate (i.e. void) CSG's judgment in MN on the grounds that IQ Reseller was not properly served with the OH lawsuit, the OH court lacked personal jurisdiction over IQ Reseller, the parties' contract named Hennepin Co., MN as the proper venue for any disputes, and that the parties had a settlement. The Court denied IQ Reseller's motion, agreeing with the arguments and reasoning I made on behalf of CSG.

Construction and development

Fabritain Enterprises, Inc. d/b/a Coit Services v. Evelyn Berger, et al.

Aug 20, 2010

OUTCOME: Successfully argued for award of 100% of attorney's fees incurred in prosecuting client's mechanic's lien foreclosure. Court adopted my analysis that the labor and material Coit provided to defendant's home constituted a lienable improvement.

Ramsey County Court File No. 62-CV-08-13021. My client, Coit Services, sued homeowner for failing to pay for services rendered after her basement drain backed up. Coit provided water mitigation and rem ... ediation and mold prevention services, including application of antimicrobial fungicides and mildewcides to the basement walls and support columns to kill or inhibit the growth of water-caused microorganisms. Coit's claims against the homeowner included breach of contract and foreclosure of mechanic's lien. Homeowner counter-sued, alleging fraud, violation of Minnesota's Deceptive Trade Practices Act, and Consumer Fraud statute. Court awarded judgment to Coit Services and dismissed homeowner's claims entirely. Coit brought a post-judgment motion for award of attorneys' fees in relation to the judgment for mechanic's lien foreclosure. Homeowner opposed the motion, arguing that the services Coit provided were not lienable improvements as defined by Minnesota statute. Minnesota case law was silent on the issue of whether the type of water remediation and mold prevention services provided by Coit were lienable improvements. The Court sided with Coit, adopting my argument and reasoning that the services provided by Coit were lienable improvements under Minnesota's mechanic's lien statutes and awarded 100% of attorneys' fees requested on Coit's behalf.

Sarah Emily Fisher's Legal Cases (2)

Carrier Services Group, Inc. v. IQ Reseller Inc

Fabritain Enterprises, Inc. d/b/a Coit Services v. Evelyn Berger, et al.