We had to lien the client's home. They said via text they would pay. I think the legal costs to foreclose would be more than they owe, but it is still a lot of money to us. The client doesn't seem to care.
1 reply
Apr 8, 2020
It's had to give an opinion on this without actual numbers. But if you are sitting on a text where they agree to pay, it sounds like you would have a strong case if you took them to court. People can ignore demands to pay. They cannot ignore a lawsuit. Review the terms of your contract to see if there is a provision that says that the party that prevails in a lawsuit is entitled to have their attorneys' fees paid by the losing party. Even if there is no such provision in the contract, or your contract is oral, Arizona does allow a trial court the discretion to award attorneys' fees to the winning party in a lawsuit for breach of contract, so there is at least a chance that you could recoup your attorneys' fees even if the cost of the lawsuit was more than the amount of money owed.