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Wilson Cole's Podcast From The Road

Sep 15, 2020

The legal process is one of the parts of collecting the legal fees that you’re owed, and you have to deal with the paperwork associated with it. However, many clients get irritated by how we ask for the same documents repeatedly. So in this week’s Monday Morning Memo, we’re here to clarify why we ask you to supply the same supporting documentation through the legal process.

Why We Ask For The Same Supporting Documentation Throughout The Legal Process

Having to deal with sending the same supporting documentation repeatedly can be annoying for many clients. However, there are several reasons why we request you to do this. It is mainly to ensure that your case is solid as the legal process moves along.

We Make Sure Everything Matches

When we ask you to send the same supporting documentation, it isn’t because we are disorganized. Instead, we are doing everything to make sure that the contents of all the documentation match. A mismatch in any of these documents could shift the tide to your debtor.

A Litigation Raises The Stakes

Collections without a lawsuit have a low bar of difficulty that you and the collections company you hired have to deal with. However, once a case goes legal, and litigation happens, the bar is raised significantly. What might hold for a simple collection may not hold when you now have to do a legal battle. New information may be learned during the lawsuit, which can either help or hinder your case against your debtor as well, so your documents must be bulletproof.

What You May Have Not Needed Before May Be Needed Now

It would be best if you took note of when you’re going through the legal process because the rules and regulations will change from state to state. For example, if you’ve been with us before and you didn’t need specific documentation in Ohio, it might be required when you start a case in California. You have to adhere to a different set of rules and a different format than what you had to deal with in Ohio.

The Courts Have Not Caught Up To Current Technology

Technology is an excellent tool for the legal system to use. However, what stands out is that the courts have not caught up to current technology. For example, you print a new copy of a digital invoice. That invoice is not considered the original. The original is what the other party has. The rules still follow when you had to fill out three-page receipts with two carbon copies and the original.

Key Takeaways

● The legal system can be frustrating because of how often you have to deal with redundancies.

● Attorneys’ fees and interests are solely at the judge’s discretion. Even if it is in your contract, it does not matter if a judge doesn’t think it matters.

● The bar in collections is relatively low. But once it goes legal, that bar goes up significantly, and what may be true in collections may not be true in legal or new information is learned during the lawsuit.