ARBITRONIX PRIVATE CONSULTING
Most of you in the industry know me, know of me, or have seen me or heard me speak at a debt settlement conference. I am proud to accept the fact that many of you in the industry consider Arbitronix and me to be a leader and pathfinder moving our industry forward into the 21 st century. When contacted, many of you refer young entrepreneurs to us when asked about learning the secrets of third party debt management and running a company profitably. I appreciate this as I appreciate our industry and as most of you know, I do everything I can to weed out the charlatans who causes all of us so much damage. It is so vitally important that we all operate as professionals with that principal agency credo that we do whatever is in the best interest of the Client.
Please call me at 702.259.2700 if you are interested.
David M. Fishman
A LAW SUIT IS ABOUT TO BE OR HAS BEEN FILED AGAINST YOU. ONCE SERVED YOU WILL HAVE "A LIMITED NUMBER" of DAYS TO FILE AN ANSWER: NOW WHAT?
Here are your options
(The following is not meant as legal advice. Consult your own personal legal advisor if you feel the need)
a. Do nothing and the Plaintiff’s attorney takes your default and gets a judgment against you. You do not want this.
b. File an answer to the suit and see what happens. If the suit is signed under oath, your answer must be under oath. If the suit is not signed by the Plaintiff under oath, then a General Denial is permitted which does not have to be under oath. The answer can be by an attorney (costly if you owe the money) or if you have been named personally, you may file an answer in what is called PRO SE OR PRO PER, acting as your own attorney. Other than as a DBA, business entities must be represented by an attorney.
c. Consider an alternative to litigation by engaging a debt settlement professional like Arbitronix. We are the very best. We can even create a debt settlement program tailored to your specific financial condition and needs.
CONSIDER THIS DEBTBUSTER LAW SUIT ANALYSIS
(The following is not meant as legal advice. Consult your own expert if is necessary)
Please allow me to introduce to you Arbitronix and the concept of an alternative to responding to a law suit, where the chances winning are very problematical and very costly. The suit, when filed, generally names the principals, whether justified or not along with the company in whatever form it is operating. Generally, the Plaintiff will have some form of economic advantage (a deeper pocket) over you.
As you may know in Clark County District Court, matters under $60,000 must go to mandatory arbitration unless excused. This makes the cost of litigation double. Creditors know this and it is one of the major reasons they file the suit knowing that chances are you cannot afford to answer and litigate. The Plaintiff is not only hoping but planning that you will fail to answer. Thirty hours at $400 an hour amounts to $12,000 just for the attorney and this is only the openers. The average retainer is going to run between $3500 to $5000. Can you afford to litigate? Do you have a war chest? And most importantly, do you have an actual defense? Not just one made from your ego…a real defense?
THEN ANSWER THIS QUESTION: After you taken into consideration every possible expense to defend the creditor’s suit, is the total more or less than that which is being sued for?
If the number is greater than the creditor’s claim, the best action is settle. You need Arbitronix. If the number is significantly less than the creditor’s claim then and you have real defenses, then obviously, you litigate! You still need Arbitronix to manage your case.
Certainly, discussions have taken place which ended up in a stalemate. This stalemate generally shows up in a period of forced silence. You as the potential defendant, are lulled into a false sense of security thinking that the Plaintiff is going to disappear. You do nothing to protect yourself or to secure your defense. The Creditor Plaintiff, like the Cobra coils to strike….to engage counsel, do the necessary investigation and preparation, pay the retainer, have the suit drafted, pay the court fees and the service of process fees. In effect, put all the ducks in the necessary rows. In the mean time, what have you been doing? Chances are up to now, you have been doing nothing.
Once the impasse on payment was created and you have been lulled into that false sense of security while the Plaintiff and his counsel have been working, the chances are you have fallen into the trap they have been setting just for you. Have you thought about self protections against judgment attack? Building walls? Protecting the bank accounts? Securing non-exempt assets? Have you thought about using other creditors as protection vehicles? Do you have any kind of a defense? Or, now that you are reading this section on the Arbitronix commercial web information page it is beginning to dawn on you how much you have missed or ignored in this entire law suit, litigation process?
On the other hand, let’s not panic. Recognize that 20% of the attorneys do 80% of the work. It takes an astute and well trained practitioner to know all about what we are saying here. The other 80% have absolutely no clue.
So, you must assume that attorney for the Plaintiff is excellent, has his evidence in order, has his witnesses lined up and has shown his client that a win is virtually automatic. He has assured the Plaintiff that they will win principal, interest, his legal fees and court costs. You can also assume that prior to suit, an asset investigation has taken place and once a judgment is rendered, the attorney knows exactly where to send the Marshal to levy ON YOU! AGAIN, THIS IS AN ASSUMPTION MADE FROM SELF PRESERVATION. It may not be true at all but we assume so that you too are prepared and not sitting idle thinking you are going to skate. At the very least, you are forced to sit up and take notice; to prepare and get ready.
Would you like some help in getting this settled? That help is ARBITRONIX!
Would you like to talk about it? No obligation, just information and answers. Give us a call. We can, if feasible, go to you. BUT….and this is big…you must be ready and willing. You must want help from one who can do it and once engaged, does it better than you can. You must be willing to step aside, relax and let a third party professional go to work.