I have written a couple of posts regarding different considerations you should make before you decide to bring a law suit. There is the consideration of whether you have a Ripe Case. And there is the consideration of whether you are in the right Time Frame To Sue. But, there is another element to consider: are you able to collect on your law suit?
Assume these facts, you have a good friend who is just a deadbeat. You have known him since the two of you were in high school, you have always been together. But, you became a million dollar business executive, and he decided to “find” himself through college. Now he is a bum, who barely gets by, and he calls you every month or so for some money. You always give it to him. Today, you discovered that he slept with your 18 years old daughter. Who knows why she did it, maybe it was his “free spirit”, but she did it. Now, you are pissed. You tell him that you will never give him money again and you don’t believe that your daughter would ever sleep with him, so you are going to bring criminal charges of Rape. Hoping to avoid the criminal charges, and save his friendship, he gives you a note that says he promises to pay back all the money he has loaned you starting next week. Next week comes and goes, and he does not start payments. Do you have a suit?
Well, under the analysis here, sure you probably have enough to bring a suit under a breach of written agreement for repayment. But, what money are you going to get? Remember, you are suing a BUM!!!
A major consideration in cases such as this one (yes, this type of thing happens) is where is the money going to come from when you win. Can you sue? Yes. Will you win? Most likely. Will the judge order him to pay money? Yes, if you win. However, if he does not have the money, how is he going to pay?
The same situation arises when a Landlord sues an evicted resident for unpaid rent. If the individual is evicted because he/she could not pay rent, how is he/she going to pay a judgment ordering them to pay rent?
In the end, you are out the time it took to find an attorney, court costs, and your time going to court to win. There are exceptions that will allow you to attach property and wages as needed, but those exceptions are very fact specific.
As always, if you think you have a claim, or someone has sued you, call my office for a free consultation, 412-209-0657, and ask for Matthew Becker. Or send an inquiry through the form at the right of this page.