Monday, 14 May 2018 09:00 AM
Company Update
LOS ANGELES, CA / ACCESSWIRE / May 14, 2018 / In the heat of the moment, you may be thinking that I should sue this or that person. You may even be tempted to pursue something that you probably shouldn't pursue. People do sue for any number of reasons. It is important that before you take any legal action that you do so in a calm and reasonable manner. You want to explore all your options. The first step in any legal action is to gather as much information as possible. You then want to write it down and analyze the data. This will help you build your case. Once you gathered all the information and written it down, you may want to consult a lawyer.
There is no set timetable on when you should sue or how long the process will take. The more information you can give to a lawyer about your specific case the better able he or she will able to determine if you'll win the case. Lawyers have the ability to break down your information and help you decide:
- If you have a good case for litigation
- What type of lawsuit to pursue
- Your chances of getting your issue resolved with the lawsuit
The most common type of lawsuit is the "breach of contract" lawsuit. This type of lawsuit usually involves contractors who do substandard work. The three elements that make a good case are a binding contract either oral or written, performance sheets or other materials and evidence that the contractor didn't complete the contract as specified. You must also show any damages done by the contractor.
You may decide that once you gathered all the information that you see no need to get a lawyer involved. The burning need to sue has cooled and you're willing to negotiate with the other party. Lawsuits are an expensive and lengthy route to take. They are not always the best way to resolve issues. It is important to take necessary steps to contact your opponent first before pursuing a lawsuit. A good mediator can help both parties sort out issues and come to a mutually acceptable settlement. You may also want to submit to binding arbitration where both parties are bound to resolve the issue. The Nolo articles, "Try to Compromise Before You Sue" and "Demand Letters: The Basics" can be found on Nolo's Mediation, Arbitration & Collaborative Law section of their website.
It is important to also have a good understanding of whether or not the plaintiff will be able to pay you what they owe. You may be in a bit of a struggle trying to collect money from someone who is unable or unwilling to pay you. You will need to be able to identify what assets you can grab from them to resolve your case.
Most individuals do have some assets such as land and investments. You may be able to garnish the person's wages or business assets. You may also be able to suspend a contractor's license until they paid the judgment.
Before You Sue: 10 Things to Think About
Decide Whether You'd Like an Attorney
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SOURCE: NMS Properties, Inc.