Deciding Whether to Litigate: Practical Considerations in Today’s Legal Environment
Litigation is often viewed as the ultimate remedy for resolving unpaid obligations, but the decision to file suit should never be automatic. While obtaining a judgment can feel like the finish line, in reality, it’s only the first step in a successful recovery strategy. The true goal of litigation is not the judgment itself, but the ability to locate and secure assets to satisfy that judgment. Should the funds prove hard to locate, the judgment is not much more than a piece of paper. Not only that, but in today’s legal environment, where many courts are returning to in-person testimony, proceeding to trial may be more costly than expected. Instead, creditors must take a strategic, informed approach before initiating legal action. Below, we explore some of the practical considerations you should assess when deciding whether to litigate. The New Economics of Creditor Litigation Increasingly, courts are now returning to in-person hearings. This means creditors will likely need to pr...
