Tuesday, June 3, 2014

Moving on from the Absentee Litigant

Now that the infamous absentee litigant has been located (incarcerated in the city detention complex), it’s time to move on to other matters until that trial comes around again. While that litigant has been located, I’m still left with a few other defendants who are proving harder to find. In those situations, the debt collection process takes a bit of a different turn and we are forced to find other ways to find the folks who owe my clients money.

In one of the more brazen cases, the debtor actually contacted my office to tell me that he would not be paying the debt. This was an interesting twist because that debtor had sued my client, and after a full trial in front of a jury, he lost the case and was ordered to pay my client the money. When he refused to pay, we began the debt collection process. However, the debtor’s claims to me were that it was my client’s fault that the case went to court and he had no money because he spent it all defending himself.

An interesting argument, especially considering it had been my client who was forced to defend himself in the lawsuit, and in the end, was the one who was awarded money damages by the court. So this brazen strategy will cause more headaches for my client, but coincidentally, this debtor isn’t the first one to contact me using this same excuse. It is a tough argument to make when you were the Plaintiff in the lawsuit and it was because of you that the case even went to court…

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