We will want to know the history and/or relationship between yourself and the business as well as any and all documentation which you have to support the debt.
We will then draft what is known as a “demand letter” for payment. This will be sent to the business and will be personalized in order to inform them of their obligation to pay the debt to avoid our office taking legal action such as litigation.
If they do not respond, our next course of action is to file a lawsuit. Depending on the amount involved, we will file the suit in District court or Superior court. If the amount owed to you is under $25,000.00, we will file the matter in District Court. If the amount owed is over $25,000.00, we will file in Superior Court.
This is an example of the typical process which we use. We are a professional law firm and will pursue your debts in a professional manner. We strive to uphold our client’s reputation along with our own in each case and will tailor our actions to your specific case and situation.
If your business is sued, it is extremely important that you sit down with a lawyer once you’ve been served with the papers/complaint as there are strict time limits for you to respond to the court and to the other attorney.
If it is necessary to file a lawsuit and you approve of filing a lawsuit, the typical fees/expenses would be the filing fee of either $200.00 or $275.00 depending upon which court the matter is filed in. You would also be looking at the cost of a summons at $5.00 per summons. A summons is required for each party that you are suing. Because the lawsuit needs to be served upon the defendant by either a constable or sheriff, there would be a sheriffs/Constable fee of approximately $45.00.
Once the lawsuit is in place, we generally recommend taking a deposition of the defendant debtor. Generally the cost of the deposition is approximately $375.00 payable to the court reporting service.
If we are handling the matter on a contingent fee arrangement, you would not pay for any attorneys fees until the case was concluded. With a contingent fee arrangement, you would only pay our legal fee if we are able to make a recovery for you. With a contingent fee agreement you are still responsible to pay for expenses when they fall due.