Is Your Business Owed Money?
I approach collections on an individual basis. Specifically, I will assist you in an analysis of several factors to determine what is the most efficient and economical method to collect your money for you.
Factors that I would consider include, but are not limited to:
How much money is my client owed?
What work was performed to accrue this debt?
How old is the debt?
Has the client undertaken any steps to collect the money owed to them, if so, what are those steps?
Does my client have a history of working with this particular customer? And to what extent is the current status of the business relationship?
Is there a possibility of find more business with this client in the future?
What is the best method to collect the money owed? Would a collection letter from my office be in order? What if the collection letter placing the client on legal notice does not result in my client being paid the money they are owed? At this point, do we proceed with litigation. Is there a written contract between the parties that would dictate that the dispute must be heard in an alternative such as arbitration or mediation? If we proceed with litigation where would be the proper venue for the case to be heard? In each particular case there are restrictions of the venue as to where the case may be heard. Additionally, there are jurisdictional limits which are in place within the PA unified judicial system. Moreover, there are potential appeals should the case be litigated. In the alternative, if the contact between the parties mandates arbitration or mediation, what are the alternatives beyond that stage?
This is, in my opinion the most important consideration and the overriding concern in all of the collection cases that I have handled throughout my legal career. Collectability refers to the solvency of the clients customer. In other words, what is their ability to pay? How will collection be made, should an award be made in favor of my client. There are several methods that may be employed to collect awards that must first be reduced to judgements. These include, but are not limited to, garnishment, execution through the sheriffs office of the county where the defendant has its principal place of business; constables can also sell defendants property in certain instances to satisfy judgements. I have utilized all of these methods to collect money on behalf of my clients.
General thoughts in conclusion. I strongly caution all clients that there are no guarantees. Winning an award is only the first step in collecting a judgement. Reviewing all reasonable possibilities with my client before undertaking a collection endeavor sets my efforts in the right direction from the outset.