Mak to sue or not to sue - nacm presentation-2

© Law Offices of Mark A. Kirkorsky, P.C. www.MAKCollections.com

TO SUE OR NOT TO SUE: SUIT WORTHINESS.

THE KEYS TO INCREASING YOUR RECOVERIES

NACM WRCC · October 19, 2012 · Las Vegas, NV

Mark A. Kirkorsky, P.C. Attorneys at Law


Specialize in Commercial & Consumer Collections50 Years Combined Experience.

Tested Process to Maximize Recovery.In-House Private Investigators & Collectors.

Nationwide Coverage.Proven Results.

About Our Law Firm


STRENGTH OF ACCOUNT DOCUMENTATION

• Credit Application

• Personal Guaranty

• Statements & Invoices

• Lien/Bond Claim Documents


POTENTIAL DEFENSESSimple Non-Payment or Legal Dispute

• Financial ability

• Clerical or accounting issues

• Poor documentation

• Problems with Credit App

terms & conditions

• Problems with PG• Community property


Risk vs. RewardAmount in Controversy

• Does the amount of the claim justify the risk of proceeding with litigation?

• What is my best case scenario?

• What is my worst case scenario?


CREDITWORTHINESS & “COLLECTABILITY”

• Still conducting business

• Credit bureau &asset investigation

• Other claims, litigation, or judgments

• Occupation or Place of Employment

• Bankruptcy considerations

Is there a pot of gold at the end of the rainbow?


DEBTOR REPRESENTATION

• Attorney Representation

Pro – A stable level-headed point of contact

Con – Belligerent or intent on running up fees

• Adverse award of fees


JURISDICTION & VENUE

• Convenience or inconvenience• Forum selection/venue waiver

• Courts of lower jurisdiction • Speed & cost• Predictability

• Availability of witnesses


• Good faith efforts to resolve

• Amount of offer• Revisiting risk vs.

reward

• Settlement or Compromise

SETTLEMENT EFFORTS


INVESTIGATION OF CREDITYOU VIOLATED MY RIGHTS UNDER THE FDCPA

• Potential for bad publicity

• Future business relations

POLICY CONSIDERATIONS


QUESTIONS & ANSWERS


THANK YOU!Law Offices of Mark A. Kirkorsky, P.C.

www.MAKCollections.com 888.519.2173

Mak to sue or not to sue - nacm presentation-2

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