In some cases, demand letters or negotiations can result in satisfactory payment or settlement of business-to-business debts. However, under certain circumstances, filing a debt collection lawsuit against the debtor in civil court may be necessary. If such litigation is necessary, you need to be sure you have a qualified B2B collections attorney handling your case to ensure the most favorable results for you.
Overview of the lawsuit process
The process involved in pursuing a lawsuit is complex and involves many different steps and requirements, as all actions in a legal claim must comply with the Texas Rules of Civil Procedure1 as well as the rules of the specific court in which you file. The following is a brief overview of some of the steps involved:
- Filing of the complaint, which sets out who the claim is against, explains the reason for the lawsuit (the unpaid debt), the total amount you are seeking to satisfy the debt, and more.
- Service to the other party with both a copy of the complaint and summons to court.
- The other party has the opportunity to respond to the complaint to challenge your claims or file a counterclaim against you.
- If the other party does not respond or show up to court, you can obtain a default judgment2 against them, usually for the amount you requested.
- Discovery phase, in which each party can ask for evidence including proof of the debt.
- Negotiations to try to come to a mutually agreeable settlement arrangement outside of court.
- If no negotiations are possible, you will have a trial to determine whether you can obtain a judgment or not.
Consult with an experienced Houston business litigation lawyer today
If you are pursuing business-to-business debt payments without success, litigation may be necessary to obtain the judgment you deserve. Because the civil lawsuit process can be complicated and involves many different rules and requirements, it is imperative to have the representation of an experienced B2B collections lawyer. Andrew Weisblatt has extensive experience in all types of business litigation matters in and around Houston, including debt collection litigation. If you would like more information about how we can help you, call The Weisblatt Law Firm, LLC at 713-666-1981 today.
Attorney Andrew Weisblatt
Mr. Weisblatt has practiced continuously since becoming licensed in 1992 and has represented businesses ranging in size from one person start-up ventures to multi-national corporations employing hundreds of people in multiple countries. From 2005 through 2009 Mr. Weisblatt was in-house counsel and chief operating officer of a multi-national corporation in the steel products industry. That in-house position provided valuable insight into how businesses work and what they actually need from their lawyers – both in-house and outside counsel.