Filing a small claims action yourself may not be an option if you are incorporated. I looked into this when my attorney decided he wasn't interested in filing suit for me to collect $2,000. Unfortunately, I read a few cases that said in Ohio a non-attorney cannot represent a limited liability company (or corporation) in small claims court. It is the unauthorized practice of law. I guess that is one down-side to incorporating.
I thought about the possibility of assigning the debt to myself, personally, and then pursuing collections. But, that just seemed "too cute by half," as one of my professors is fond of saying. I decided not to pursue the matter. We did try a collection agency, but they were useless - they eventually wrote us a letter that they were unable to do anything. I was surprised because I know they paid a large bill to another abstractor who sued them.
I'm just looking forward to passing the bar - sometime around November I'll be able to sue deadbeats for every nickel they owe... and I will.
Best,
Robert A. Franco
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