A Pre-Litigation Checklist To Know What To Do Before Contacting Your Attorney
Much time and money are wasted having lawyers research information you already have.
An essential element of winning a lawsuit, without spending excessive time and money in attorney's fees, is gathering the proper information yourself - before your attorney even enters the picture.
Use this handy checklist to make sure you've covered all your bases before you contact your attorney.
| Pre-Litigation Checklist: What To Do Before Contacting Your Attorney | ||
| Wasting Your Attorney's Time is Expensive For YOU: Use This Handy Checklist to Cover Your Bases First | ||
| Done | Not Yet | Action Items |
| Review of your company's credit files, sales files, correspondence, and reports. | ||
| Interview the salespeople responsible for the account. Identify any unusual problems such as disputes or accounting or credit issues. | ||
| Again, make a broad analysis of the likelihood of collection. | ||
| Assemble all the relevant facts and documents. | ||
| Compile a list of the names and addresses of all debtors and guarantors, and identify any collateral in which your company has a security interest (e.g. a deed of trust). Research the locations and value of the collateral. | ||
| Investigate the other assets of the debtors and guarantors, including whether or not these assets are free and clear of other liens, security interests, etc. | ||
| Determine the form of the debt and the exact amount owed, and collect all relevant original documents. | ||
| Run a statement of the account, and determine if and when any payments were made by the debtor to your company and to other companies within the preference period in case the debtor were to file or be placed immediately in involuntary bankruptcy. | ||
| Determine whether any goods are in shipment or whether any goods have been shipped within the last ten days or three months. | ||
| Finally, prepare a brief summary of the situation and contact your attorney with the above materials. The summary should include all the relevant facts and documents, any possible counterclaims, setoffs, defenses, etc. as well as your analysis of the account and any suggestions about achieving a favorable resolution. | ||
Thanks to Michael Niborski and Credit Today's Checklists
Michael Niborski · www.credittoday.net