If you are facing legal problems, it is always best to contact an attorney. I know this because of a series of events which occurred last year. Someone who has a grudge against me launched legal action and I somewhat foolishly tried to defend myself. I got very confused as I looked through the law books and I realised that I was in over my head. I quickly decided to contact an attorney so I could see legal advice. The attorney was great and he quickly got a grip on the situation and successfully defended my case in court. I hope you like my blog.
If you survive in business for a certain amount of time, there's a good chance that you will come across somebody who is a little reluctant to pay you. You may have extended some credit to this individual or their organisation and this is not a small amount of money. Consequently, you feel that you need to take legal action and are in a strong position to do so, but you're not entirely sure how to go forward. What do you need to bear in mind?
Falling Out of Touch
Your problem may be exacerbated by communication. In particular, you may not know where this individual is anymore and do not have a mailing address in order to serve any papers. This is a problem that needs to be overcome, as litigation cannot really proceed unless such documents are legally delivered in a form that is recognised.
The Basic Process
To begin with, you need to engage a lawyer who can draft up a claim against this entity, using the right terminology. Once this is done, the document has to be filed with the local court before you can attempt to find the individual and serve the papers. In an ideal world, these documents are handed to the debtor in person and this may involve a bailiff.
How to Search
You have to do a fair amount of work by yourself before you can get to this position, however. Try to trace the individual by using a variety of different online methods and searches, or social media profiles. If this person has a registered mailing address or has paid to connect utility services, then a record will be in place somewhere and you need to uncover these details. You can check with the motor vehicle registration department, the electoral register or with property filings and even if you do not track them down immediately, some of the information that you uncover could be valuable.
Outsourcing the Work
If this is taking up a great deal of time and you have other work to do in the normal course of your business, you may be able to bring in a third party to do this for you. As they will be more experienced in this area this may be a better bet anyway and they can ferret away in the background until they strike gold.
Getting to the Point
Remember, before you can bring litigation you have to pinpoint the debtor's location so your legal team can swing into action.