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You thought you had been
so careful, so very prudent. A customer, perhaps even a supplier,
seemed so above-board, so solvent, so trustworthy.
But you've been left high and
dry. Maybe a client owes you money for products or services or a
supplier has happily grabbed your cash without delivering the goods.
If visions of exorbitant
attorneys' fees immediately wash over you, stop and breathe. In many
instances, there are ways to pursue legal action to collect what's
owed to you without resorting to the tick-tock of a lawyer's hourly
rate.
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Small-claims court
This can prove a viable option for resolving many disputes, particularly
if the dollar amount involved is relatively modest. In most provinces, all
you need to do is contact the small claims court in your area and ask for the
necessary paperwork to file a claims action. It's usually a rather
simple procedure, and your court may provide information to help you get
through the entire process. You file paperwork, make certain the
opposing party is served and the court sets a date to hear the case.
Small claims offer several advantages. First, you don't need an attorney to
file the paperwork or even represent you in court. Moreover, filing
fees are usually modest, for example, some courts charge as little as $40 to
process the paperwork. And the process is designed to move quickly.
Decisions are usually handed down the same day of the hearing; however,
there are several nuances to bear in mind. For one thing, the amount
you're able to file for varies from province to province. Further, the onus
is still on you to make your case, so you have to present evidence,
documentation, and other forms of adequate proof.
Mediation
This type of dispute resolution can take a couple of forms. For instance,
some small claims courts provide mediators. Rather than hearing a case, a
judge may direct parties to work with a mediator to see if they can hammer
out a settlement short of an actual court decision. In other cases, parties
involved in a dispute may hire a mediator to help work out a suitable
arrangement. Although mediation can also prove far less costly than formal
legal action (fees are usually split) and much faster, it's not 100%
effective. A Mediator is a conduit to smoother communication, but it's up
to the two sides involved to agree voluntarily to some sort of settlement.
Arbitration
A variant of mediation, arbitration lets businesses in a dispute work with
an impartial arbitrator to hear both sides of the case. Like mediation, the
process is faster and more cost-effective than conventional legal channels;
Indeed, your Better Business Bureau might provide volunteer arbitrators.
However, unlike mediation, it's the arbitrator who hands down a decision, a
final ruling both sides are bound to honour.
Collection Agencies
As you likely already know, collection agencies are businesses that can be
hired to pursue debt collection. However, many collection agencies will only
take cases that offer a reasonably good chance of success. Moreover, they
can be pricey. " Some collection agencies will charge up to 50% of any
amount they collect," says Fred Steingold, author of "Legal Guide to
Starting and Running a Small Business."
Credit action
If you're unable to collect money owed to you, consider contacting your
local credit bureau. They'll provide you with the means necessary to make
the bad debt part of your opponent's credit record. While that may seem like
cold comfort now, it may offer valuable leverage years down the line when a
bank or other lender refuses the offender a loan because of the bad debt.
That may prompt your less-than-reliable customer or client to make good on
what's owed you to clear up the credit report.
No matter what route you choose, you
will need to know just how far to take things. For example, while many
people may plead poverty outside the courtroom, pay close attention to what
they say on the legal record. You'll get a clear indication of just how much
money your opponent actually has and whether you should go after the full
amount. If there's evidence of ample assets, pursue your fair share.
However, if legal documentation shows little in the way of funds and an
ex-customer offers you 50 cents on the dollar, it may be prudent to take
what you can get.
It's also critical to know when to
bring in an attorney. For instance, if the money is question is substantial
- say, beyond the purview of the provincial small-claims guidelines -- an
attorney might be worth the extra expense. Similarly, pay attention to your
opposite numbers attitude, especially if there's serious money at stake: "If
you're dealing with someone who is obstinate or difficult you may want to
get an attorney involved," say Chamberlain.
But if relatively little money is
owed, and your customer is belligerent, it's no disgrace to just let the
whole matter slide: "Give some thought to just writing the things off. In
business, it's often just as important to get the matter resolved and to get
onto other things," Steingold says.
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