Mak to sue or not to sue - nacm presentation-2
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The document discusses factors for law firms to consider when determining whether to pursue litigation for unpaid debts. These include evaluating the strength of documentation, potential defenses, assessing the risks and rewards based on amount owed, the debtor's creditworthiness and assets, representation, jurisdiction, settlement options, and potential publicity. The law firm specializes in commercial and consumer collections with 50 years of combined experience.
Mak to sue or not to sue - nacm presentation-2
- 1. Mark A. Kirkorsky, P.C. Attorneys at Law TO SUE OR NOT TO SUE: SUIT WORTHINESS . THE KEYS TO INCREASING YOUR RECOVERIES NACM WRCC 揃 October 19, 2012 揃 Las Vegas, NV 息 Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com
- 2. About Our Law Firm Specialize in Commercial & Consumer Collections 50 Years Combined Experience. Tested Process to Maximize Recovery. In-House Private Investigators & Collectors. Nationwide Coverage. Proven Results. 息 Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com
- 3. STRENGTH OF ACCOUNT DOCUMENTATION Credit Application Personal Guaranty Statements & Invoices Lien/Bond Claim Documents 息 Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com
- 4. POTENTIAL DEFENSES Simple Non-Payment or Legal Dispute Financial ability Clerical or accounting issues Poor documentation Problems with Credit App terms & conditions Problems with PG Community property 息 Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com
- 5. Risk vs. Reward Amount in Controversy Does the amount of the claim justify the risk of proceeding with litigation? What is my best case scenario? What is my worst case scenario? 息 Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com
- 6. CREDITWORTHINESS & COLLECTABILITY Is there a pot of gold at the end of the rainbow? Still conducting business Credit bureau &asset investigation Other claims, litigation, or judgments Occupation or Place of Employment Bankruptcy considerations 息 Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com
- 7. DEBTOR REPRESENTATION Attorney Representation Pro A stable level-headed point of contact Con Belligerent or intent on running up fees Adverse award of fees 息 Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com
- 8. JURISDICTION & VENUE Convenience or inconvenience Forum selection/venue waiver Courts of lower jurisdiction Speed & cost Predictability Availability of witnesses 息 Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com
- 9. SETTLEMENT EFFORTS Good faith efforts to resolve Amount of offer Revisiting risk vs. reward Settlement or Compromise 息 Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com
- 10. POLICY CONSIDERATIONS Potential for bad publicity Future business relations 息 Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com
- 11. QUESTIONS & ANSWERS 息 Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com
- 12. THANK YOU! Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com 888.519.2173 息 Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com