What are the best strategies to resolve a business dispute for failure to pay here in California?  The failure to pay can be the result of a dispute over the terms of a contract, quality of materials or workmanship, oversight, or the unwillingness to declare a dividend or pay a dividend in a timely manner.  In a business dispute over money, it is always prudent to understand the value of what is at stake, as well as the nature of the relationship and whether or not it is important to preserve it.

What are the steps to remedy the situation?  The Watkins Firm has more than 40 years of experience and brings a unique approach to resolve a business dispute for failure to pay.  We guide our clients at each step of the way, often coaching them on how to approach and handle the situation on their own.  We ensure all contractual terms have been followed, reminders have been sent and even attempts to resolve the matter through a payment plan have already been explored and exhausted.  If the situation warrants it, we write a carefully crafted demand letter requesting immediate payment, and to draw immediate attention to the seriousness of the matter, the total amount owed (including any penalties and/or interest) and our client’s intent to pursue legal action if necessary.

If the situation warrants, our attorneys work to thoroughly construct and document a chronology of events as well as a mastery of all associated damages.  In a business setting or civil suit, damages are almost always in the form of money.  It’s always important to know what your fighting for when you are going to invest money to go after money.  We use these tools to gain the attention of the other party and draw them into effective, leveraged negotiations.  The Watkins Firm is able to resolve the vast majority of our business disputes and lawsuits for non-payment or failure to pay through effective, leveraged negotiation.  This is the fastest, and most cost-effective path to resolve these matters.

If negotiations are unsuccessful a lawsuit is usually filed.  The Courts here in San Diego and throughout the State of California require a settlement conference with the Judge. The parties may also seek business mediation guided by an agreed upon neutral expert who can help each party to understand the strengths and weaknesses of their position, while working with the parties to find common ground and ultimately settle the matter.

Business arbitration is often a preferred alternative to going to trial.  Arbitration is a highly-structured environment where an agreed upon arbitrator establishes the process for gathering testimony and evidence leading to a final decision of the matter.  The decision of an arbitrator is final and cannot be appealed in most cases.

This is also why it is important to work with the experienced attorneys at the Watkins Firm to resolve a business dispute for failure to pay.  Draw on our 40+ years of experience and sound legal advice and counsel.

Pro-Tip: “We want to get the facts down and we want the evidence our clients have in chronological order, because that’s the best way to communicate to the other party, to a third party, to anyone is in chronological order. That’s how we think. Then I want to help our clients analyze the damages. Whether you are feeling like they owe you something, they’re not complying with the agreement or vice versa. We not only need to analyze the damages, we need to analyze what it’s going to cost to fight. And also look at the future business. Whether we can salvage this relationship, all of those important things should come into play, in order to give the best advice. Sometimes we’ll even advise our clients how we would think about it and then let them go talk to their partner or whoever they’re dealing with on their own armed with our knowledge and our negotiation technique.

Knowing the facts, the damages, the law of the damages is key, because that gives your Watkins Firm lawyer the ability to predict what would happen if you went to trial tomorrow and you won. What would you win? That’s it, that’s the number. Because in civil court, we’re only concerned with dollar amounts and things got to where they are and understanding human nature. And if we all are intelligent people, we should be able to look at the facts. If we agree on the facts, apply law and come up with the exact same number. Like it’s an accounting problem, but it doesn’t work that way. People are not wired that way.”

If you are looking to resolve a business dispute for failure to pay we invite you to review our podcast Episode 11 – Resolve a Business Dispute as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.