Business contracts are essential. By defining rights and responsibilities, a contract can stop a business dispute before it starts. However, sometimes a business dispute with a partner, vendor, or other party can happen despite a contract. In other cases, there may be no formal written agreement between the parties.
If your trust has been breached, it’s natural to pursue a strong response. That said, it’s important to take a look at the facts before you go to court. Even challenging disputes can sometimes be resolved through mediation instead.
Is it time to talk to an attorney about your business dispute?
Consider these questions:
Have You Tried Compromise?
In some cases, another party’s actions may be in bad faith, or might be so egregious they are impossible to correct through discussion. Many times, however, business owners simply wish to avoid going to court. Discussing the matter with the other party in a frank, open manner – ideally, face to face – can often resolve problems quickly.
Have You Made a Demand to the Other Party?
A formal demand letter is an important part of demonstrating to the court that you have taken all proper steps to manage the conflict. In cases where you’ve suffered monetary injury, the demand letter should state the amount and how you believe it was accrued. It should also outline when you expect the party to respond and what actions you’ll take if they do not.
Can You Collect a Judgment?
In virtually all cases, it’s important to determine what kind of damages you stand to recover if you win. For example, you might be able to prove that another party’s actions cost you money, but they might be bankrupt and unable to pay a judgment. Or, it may be difficult to prove you’re entitled to compensation for any number of reasons.
Is Small Claims Court Appropriate?
Every state has its own small claims court – also called conciliation court – that handles smaller cases. Here in Florida, small claims courts manage cases where the amount at issue is $5,000 or less. In these courts, representing yourself is common … though still inherently risky!
Business Law Florida Trusts: First Legal
Do you want help with business law for the legal experts Miami-Dade residents rely on? First Legal assists clients regularly with business disputes. Working with an experienced business attorney, you’ll have all the information you need to make an informed decision about your case. For more details, please call (954) 998-1488.