Our small business is owed about 6000 dollars between two people and it has been over 30 days for one and well over 90 days for the other. Multiple attempts have been made
You have some options.
1. The easiest, cheapest and least likely to produce results is to send a demand letter. This is a letter that demands payment of the account by a stated date (you pick one, generally at least ten days after sending the letter) and threatens litigation if the account is not paid by that date. It adds gravitas to the demand if you send the letter by certified mail, return receipt requested.
2. You can hire an attorney to send the letter referred to in the preceding paragraph. If you already have an attorney working for you on an hourly basis, you can have him send the two letters for at most a few hundred dollars. A letter from an attorney is far more likely to produce results than a letter from the creditor.
3. You can turn the accounts over to a collection agency, which will attempt to collect the accounts on a contingent-fee basis (often 30%). Most of the collection efforts they make will be calls and letters that you or your attorney could also make.
4. You can turn the accounts over to an attorney for collection. Some attorneys take these matters on a contingent-fee basis. The attorney will sue to recover and remit the net amount recovered, after his fees and disbursements.
5. You can sue in small claims court without an attorney.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.