I agree, generally. However, I wouldn't go that far - that is a little harsh. Enforcing collections isn't always an option. I had a client stiff me for over $2,000 and my attorney just wasn't interested in taking the case. When I asked him about it, he told me to send over all of the information. I sent him the delinquent invoices and statement of the account, and I looked up the statutory agent for him. I never heard back. When I called him back to ask how it was coming, he told me that it wasn't worth his fees and I should just turn it into collections.
I have tried collections before (with this same account) and my impression was that they made a couple of calls and when they didn't get any of them returned, they just wrote me a letter several months later saying that they were unable to collect and they were taking it off their active collections list. I know that this company was sued and they did pay someone else in the mean time.
I even looked into the possibility of filing suit myself, pro se, figuring that after 3 and a half years of law school, I could handle it. However, in Ohio filing a complaint is the practice of law and since I am not a licensed attorney, I cannot represent my limited liability company. There is an exception that allows the owner of an LLC to file in small claims court, but if the other party shows up at the trial, you cannot call witnesses, conduct direct or cross examination, or argue the law. So, what would have happened if I filed in small claims court, and the other party showed up (or sent an attorney)? I would have been stuck, unable to do much at all. "Your honor, I didn't think they were going to show up, may I have a continuance to find an attorney?" That just didn't seem like a good option.
Best,
Robert A. Franco
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