Determining Your Litigation Strategy
In This Chapter
Figuring out how strong your case is
Considering alternative dispute resolution
Forming a winning strategy for litigation
Getting your witnesses and documents ready for court
Understanding the statute of limitations
If you can’t get paid any other way, it’s time to consider collecting through a lawsuit. But before you jump straight into court, get things right by considering the following:
The strengths and weaknesses of your claim, and whether you need to settle for less than you want or write off the debt
Whether you should file a lawsuit or instead consider alternative dispute resolution (ADR)
Who you should name as a defendant in your collections case
What legal theories (causes of action) you should raise against the defendants
Your goal is to devise the best strategy, right from the start, to achieve the best possible result. In this chapter, we give you the help you need to create that strategy.
Assessing the Strength of Your Case
Every story has two sides. If you’re a parent, you know that to be a fact. Before you punish Johnny for hitting Susie, you have to hear from both kids so you can figure out exactly what happened. Even that may not be enough, but you’ll be closer to the truth than if you hear only one side of the story. Lawsuits (as well as alternative dispute resolution) work the same way — you state your side, the debtor states his side, and a judge or jury (or mediator or arbitrator) tries to sort ...