There is a popular saying which goes like this:  “If you owe the bank $100,000, you will fear the bank.  If you owe the bank $100,000,000, the bank will fear you.”  The saying simply means that if you owe the bank a large sum of money, but are still able to pay, then you should fear the constant collection pressures from the bank.  On the other hand, if you owe the bank so much that you now find yourself unable to pay it, the bank should fear not being able to get its money back!

The situation above typifies the typical collection problem.  If a person owes another a very huge amount of money, the latter may simply fear not receiving a single cent of the debt.  Such a situation happens frequently in civil cases.  For example, you won in a civil case and the court ordered your opponent to pay you so much in moral and exemplary damages.   At first, when you imagine the payment in the millions of dollars, you may be excited. Then reality sinks in.  You ask yourself, “What if he can’t pay me?”

That’s when you seek the help of a business attorney from San Diego.  After conferring with you, the first order of business for the business attorney is to craft a payment plan that the debtor may see as workable.  If the debtor agrees to the payment scheme, then you have won half the collection battle.  At least, the debtor is not hiding from you!

If the debtor refuses to pay, the experienced collection attorney can then resort to Plan B.  He must have the mindset of a military man engaged in psych warfare or an expert poker player.  It may all boil down to a mind game. If the attorney can persuade the debtor to realize he has more to lose by not paying, them the debtor would be more than willing to agree to a payment plan.  After all, the litigation lawyer has still a few cards up his sleeves.  He can attach liens to the property of the debtor, liquidate properties of the debtor or sell off the debtor’s obligations to a collection agency.  The debtor certainly would not welcome these.  If the business attorney can make the debtor agree to a payment scheme, then he has accomplished his task,

Note that in the task of collecting a huge debt, the business attorney has a repertoire of tools at his arsenal – except litigation.  Yes, the last thing he will recommend is to seek legal action against the debtor.  Such action would only jack up the legal fees of all concerned – and the solution to the collection problem is still nowhere in sight.

Collection issues test the mettle of any business lawyer.  If the lawyer can force the debtor to pay without resorting to litigation, then that lawyer is truly a cut above the rest. Hire such a lawyer   if you have collection problems.

 

 

Fresno Branch:
466 W. Fallbrook,
Suite 102
Fresno, CA 93711
T: (559) 431-4888
F: (559) 821-4500

 

San Diego Branch:
10509 Vista Sorrento Pkwy., Suite 430
San Diego, CA 92121
T: (619) 399-7700
F: (619) 819-8400

The content of this weblog (blog) contains general information and may not reflect current legal developments, verdicts, or settlements. Webb & Bordson, APC expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents herein.”

NOTICE OF CONFIDENTIALITY:  This confidential E-mail is from a law firm. It is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and is legally privileged. If you received this transmission in error, please reply to the sender to advise of the error and delete this transmission and any attachments.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with the requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.