Recently a learned counsellor to the NJ state association, in a comment, referenced this book. It may be well to read it or re-read it.
Remember “red tape,” in Dickens’s time, still bound legal papers
The case of Jarndyce and Jarndyce or any case for that matter can seemingly go on forever.
Bleak House
The entry below is nearly 15 years old, but still relevant.
To Sue or Not to Sue...
By John Debold © 2000
In collections, suit is sometimes a necessary remedy. But its not the only remedy and shouldn’t be the first.
Whenever possible you should try to avoid suit. Why avoid suit?
1. Because cost of litigation may not be practical.
2. Because a contested case may require a Plaintiff’s representative to appear in court.
3. Because a judgment may prove a hollow victory if the defendant has no assets.
4. Because (in some contested cases) it may trigger a counter-suit.
How to avoid suit?
Try to resolve any dispute that may be an honest block in the way of payment - It’s faster than court.
Negotiate. Even a small discount may be cheaper than court.
Offer special payment terms consistent with the debtor’s capacity to pay.
Get as much information as possible on new customers/patients on the chance that there is always the possibility of default.
When all else fails.
Your next move should be to call in a professional collection agency.
The collector has the training, experience, incentive and the technological tools to effect collection (most reputable collection agencies never charge a fee unless they collect.) He or she must move the debtor to a resolution in the quickest possible time for the collection to be profitable for his office (an attorney’s overhead usually makes it unprofitable to handle balances under $1000.00 or to pursue disputes, or to monitor part payers).
If the agency concludes that suit is the only alternative, you can be sure of their affiliation with the best attorneys specializing in the collection field.
And you can always call your professional collector with your questions.
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