In order to think about filing a lawsuit or starting that process, you need to have a clear idea of your legal argument for pursuing this money in court. That might mean finding a lawyer for a money dispute to help you with that aspect of your case. It can give you peace of mind knowing that you talked to a lawyer who is familiar with some of the issues involved.
Before deciding if you should contact a lawyer for a money dispute, you need to understand the legal guidelines when it comes to suing someone for money that is owed. Of course, you wouldn't be able to gift someone money and then one day argue that you want it back, or loan someone money but never tell them that you expect to be paid back and then sue them in court. In a legal sense, owing money typically comes down to a couple of different things, including:
- Clear expectations that you are making alone or that you are paying for a service or product.
- A clarity that both sides understand there is a legal duty or exchange involved.
- A statement that the payment date has passed or arrived.
- Some digital or physical record of the money spent, owed, or given.
In most cases this will be documented in a clear contract for money owed, personal property lent, or money loaned. Other documents can include money transfer receipts, texts, emails, bank account transfer history, and more. You may also be suing someone in an effort to recover debt collection. You may attempt to try other methods of debt collection first, starting with a demand letter. The demand letter is asking for the money in writing so that there is a clear record that you believe the money is owed to you and a statement that the other person has not yet paid it to you.
This is a good first step in attempting to recover money, but it is often unsuccessful because there is no legal obligation for someone to pay you simply because they have received this amount. You may wish to consider hiring a lawyer for money disputes at this point in time, especially if the amount of potential financial recovery in court is significant. Hiring an experienced and dedicated lawyer can make a big impact on the outcome of your case and it also shows the other side that you are serious. Even if you do not ultimately end up in trial, you may be able to increase your chances of settling or negotiating outside of court and recovering the money that is owed to you simply because the other party does not want to go to court. If you hire a lawyer for a money dispute and things are moving towards a court date, here are some steps in the process to be aware of:
- File your complaint and pay any necessary filing fees while submitting documentation the case requires. If you hire an experienced lawyer for a money dispute, they will handle this.
- The money that you spend to file the case may also go towards service, meaning that the defendant receives official notice that they have been named in a lawsuit because they are being sued by you.
- A court hearing will be scheduled which you should plan to attend. It is typically only 15 minutes long and if you have an experienced lawyer for a money dispute with you, they will attend. Showing all of your documents and providing evidence that the other person owes you money or has ignored or refused to pay you leads to a final ruling. If you are successful, you will be able to collect the debt. There are a couple of different methods available to you to attempt to collect on a debt, including getting a lien on their property, wage garnishments, or following any kinds of judgments from a judge.
To best prepare yourself for this situation, set aside time to work with an experienced and dedicated attorney.