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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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How can I obtain and collect a judgement for a commercial transaction

Resolved Question:

How can I obtain and collect a judgement for a commercial transaction (sales of goods & services) in excess of $ 50,000? B2B, my business is in Wisconsin, debtor in North Dakota. We have already used a collection agency, who merely threatened and insulted the customer, thus destroying any type of relationship? No offense, I dearly love the legal profession, but I want to do this on my own if I can.
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question. Please permit me to assist you with your concerns.

I can absolutely understand your desire to do this on your own and I can try to help. But at the same time it would be remiss of me to not inform you that collecting such a judgment without legal assistance may be quite difficult. Is there a financial reason as to why you wish to do this on your own? I ask to better understand your situation before I can provide you with a more direct response. Thank you!
Customer: replied 3 years ago.

Thank you for your response. Finances are not a concern. I am afraid it is personal. The old adage "fool for a client" most likely applies here.

Expert:  Dimitry K., Esq. replied 3 years ago.

Scott,

That is absolutely your call. Just please be aware that if you go to court you will be held to the same high standard as any attorney, so if you make any procedural error that dismisses this claim, you blow a deadline, or you otherwise make a 'rookie' mistake, you will end up risking a dismissal with prejudice, which is where the courts dismiss the case and bar you from filing it again. I am not trying to convince you, merely warn you of the dangers. In addition please be aware that under state laws a business entity (an LLC, S-Corp, etc..) is deemed to be an independent entity that must be represented in court by counsel. While you can personally represent yourself if this is a sole proprietorship, if this is a business, and you file on your own, the courts will dismiss it or accuse you of "Unauthorized Practice of Law".

Otherwise you would need to follow these preliminary steps:
1. Review the contract to see which state or jurisdiction is listed as controlling the terms of the agreement. That is where filing suit needs to take place. If nothing is listed, then suing in the county where the defendant resides is the most primary location.
2. Once you know the jurisdiction, look up the court system. You would likely need to file in the local district court. This I can look up for you if you could tell me your location.
3. Then hit the local county law library. There you can obtain templates for how to file a local complaint, fill it out, and file.
4. You would need to serve the complaint to the opposing party.
5. Be prepared to respond to their 'answer' to your complaint and also begin to research potential challenges for dismissal so you would know how to reply to them if anything gets filed.

Good luck.

Dimitry K., Esq. and other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Dimitry, you are so kind. My business is a C Corp, so that settles that. I was completely unaware of the representation issue. Thank you for preventing a very unpleasant experience. I thought I had been around long enough not to let my emotions rule my brain. Best Regards.
Expert:  Dimitry K., Esq. replied 3 years ago.

Scott,

Glad to help, truly! Please let me know if I can ever assist you again--if so, please feel free to ask for me by name. Good luck with your claim and I truly hope that it works out for you!

If satisfied with my work, please do not forget to positively rate my answers to you so I may obtain credit for my work. Thank you!

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