Filing a Collections Lawsuit - Is the Juice Worth the Squeeze?
Somebody owes you money. You have a contract. They signed it. You held up your end of the bargain. The other side stiffed you. You call your lawyer and say “sue ‘em!”
Who could blame you? You don’t want to let people walk all over your in this world. That would be a terrible precedent to set for customers, clients, business partners, or any affiliates. However, before you jump head-first into an expensive lawsuit, you have to count the cost.
The first thing you’ll want to think about, is this person/business collectible? After all, getting a judgment that you can’t collect doesn’t do you any good. If you’re dealing with a business that owes you money, you will want to look at its assets and, to the extent it has public filings, its publicly-available financials. If it’s an individual who owes you, again, look at the person’s assets; but that isn’t always easy to track down. There are attorneys and other professionals who can run an asset search on an individual. Some of these companies charge an arm and a leg, while others are much more affordable, so don’t hesitate to shop around.
Once you verify that the person/business is worth suing, you’ll want to find the right attorney to file the lawsuit for you. If you’re owed a substantial amount of money, and if there may be some complexity to the case, then spending a lot on a well-researched complaint that includes everything but the kitchen sink may make good sense. However, if you’re dealing with a straight-forward situation where somebody signed a contract and just didn’t pay you, don’t make the mistake of spending thousands on a fancy lawsuit when a simple, concise complaint will do just as much for you, if not more. Remember, winning the initial lawsuit against the person/business doesn’t necessarily get you paid. There are times when you may have to file another lawsuit to garnish wages or seize assets from the person/business after you get your money judgment—and that second lawsuit will cost you too.
As is always the case with taking on any project, it’s important to plan ahead. Asking these simple questions on the front end, and hiring the right professional who will anticipate potential pitfalls and warn you about them, can save you from lots of headaches and added expenses down the road.
