How to Collect All the Money Owing You
No matter how careful we are, occasionally everyone gets taken by a deadbeat or stuck with shoddy merchandise or products. Invoices go unpaid. Collection letters and phone calls are a waste of time. Sometimes people just won't pay your bill. So what can you do?
Sometimes the only way to collect what is owing you is to sue. So when all else fails, don't just write off that debt, take them to court, but first make sure they have assets or an income. There is no point suing if you cannot collect.
Small Claims Court, with a claims limit of up to $25,000, (limit varies by province) is an easily accessible self-help remedy designed to make it worthwhile for individuals and small business to pursue accounts without a lawyer, but you need to do your homework and learn how best to use this valuable tool. Basically it will take close to a full year to go through the whole process from start to collecting, providing you can collect.
GET A PARALEGAL IF YOU WANT TO WIN:
If you have no experience or simply want to maximize your chances of winning, use a paralegal. Paralegals usually know a lot more about small claims matters than lawyers and are much better at preparing, presenting and winning.... not to mention much much cheaper than lawyers.
We would go so far as to say never use a lawyer in small claims court. Use a paralegal
YOU GOT YOUR JUDGMENT. NOW WHAT?
Guess what, the courts will not help you collect your judgment. You have to do that yourself. A Paralegal can do it for you at a reasonable cost.
Do not throw good money after bad. Make sure the debtor has some way of paying you. You cannot get blood from a stone....
First, you need to determine if the debtor has any way of paying you. Does she have a job, an income, assets, a bank account? There are ways to find out. You could track it down yourself if you have the time and are lucky.
But collecting your money from the debtor, deadbeat can cost more than it is worth. Be careful. No point in spending $500 to collect $600. It is not worth it.
ASK A PARALEGAL:
Collecting a judgment can be daunting. If the debtor is determined not to pay, a professional deadbeat, you will have a huge problem
Talk to a Paralegal about collecting your judgment.
Tell him or her what you know about the debtor and they can advise you if it will be possible and practical,to collect your judgment, collect your money. Many times, your court judgment is just not worth the cost and time of collecting. You are just throwing good money after bad.
Paralegals have resources like skip tracing, ways to search for the debtor's assets, bank accounts and the like which you do not.
Paralegals know how to use the Small Claims Court judgment Debtor proceedings to help you collect.