How do I sue and which court do I seek for a lawsuit regarding a default in payments?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I sue and which court do I seek for a lawsuit regarding a default in payments?

I sold a business that ended up closing down with the new owners still owing me several thousand dollars. I have a promissory note, but they will not return my calls or texts. I have never sued anyone and was wondering how to go about that. ShouldIi speak with a litigation attorney? In Sweetwater County, WY.

Asked on January 30, 2011 under Business Law, Wyoming

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Generally speaking, you are in a very good position with the promissory note.  I would take it to an attorney to review to give you an idea as to how you need to bring the suit.  The note itself may speak to the issue.  There also may be certain requirements on your part like sending a notice of default or a demand for payment. Make sure that you do indeed comply with the requirements because it may be necessary for you to act before you can sue.  It is known as a condition precedent.  You may also need to give them an opportunity to cure the default (calls and text are generally not the preferred or legal method).  Good luck to you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

For several thousand dollars definitely speak with an attorney and let the attorney help you. If you want, you may be able to ge,t the attorney to take it on contingency, which will reduce your potential recovery but also reduce your expenses and risk. Note that if the owners have no assets or have declared bankruptcy, you won't be able to collect even if you win, so if you have or can get any sense of their financial status, consider that point and also share the information with your attorney. Also decide if you are willing to settle for less than full and, if so, how much less. Possibly see if your attorney will agree to a price or cost scale where he or she gets less if the case settles quickly before trial.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption