Investigation of Assets / Collectibility

The collectibility of the claim is something I consider from day one of my representation. I NEVER recommend spending more on legal fees and costs than the client is likely to collect at the end of the case.  Clients may sometimes say that it’s the principle that counts. However, I want my clients to be satisfied with the results I obtain. If they end up paying me more than they ultimately recover, they are not likely to be satisfied.  In order to make a reasonable determination as to collectibility, I undertake a search of assets, relying on publicly available sources as well as on data obtained through subscription services.  Additionally, there is a wealth of information available on line through government databases.  You only have to take the time to look. Once I have exhausted my own resources, I may, in the proper case, advise the client to bring in an outside investigator.  In general, I recommend a targeted approach, where the investigator is asked to look into something very specific for an agreed upon fee.  I work with several investigators.  With the client, I consider whether a local investigator is suitable, or whether a company with international contacts might be required.

Once we have a sense of who the defendant is, what their business operations might be, what other debts they have and what other lawsuits are pending against them, what assets they hold and whether these assets are secured, we can better assess our options.

Click to return to Business Litigation / Collections page