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Posts Tagged ‘Judgment Proof’

The Two Questions – To Sue… Or Not To Sue…

Posted by Jeremy Shorts on December 4, 2009

Evaluating a potential lawsuit can be complex, but there are two simple questions that must be considered from the very beginning.  If you answer “No” to either of these questions, you should consider cutting your losses and moving on without taking legal action.

  • First – Do you have a valid claim?
    • Based on the facts and law, you need to know how likely a judge is to agree with you and award a judgment in your favor.
  • Second – Can you collect from the defendant(s)?
    • Even if the facts and law are on your side, if the defendant is in a poor financial state (i.e. they have little or no assets to even pay a judgment), a lawsuit may not be in your best interests.

If you cannot answer “Yes” to both of these, you may want to move on.  It does you no good if you have an excellent claim that a judge would agree with, but the Read the rest of this entry »

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