Lawsuit Loans When Plaintiffs File Breach Of Contract Cases

What documents will be crucial when attempting to obtain lawsuit loans for plaintiffs pursuing "breach of contract" cases? For those who follow the guidance provided in this article, they should find it relatively easy to obtain pre-settlement loans, assuming that their cases are meritorious. However, those who fail to follow these simple guidelines are likely to fail in obtaining the settlement loans they seek.

The first step that plaintiffs must take is to carefully review the cases that serve as the basis of their underlying claims. It is important to be able to review the case carefully and determine what, if any, violations in the contract have occurred. It is also important for plaintiffs to be able to actually demonstrate the violations that have occurred, as identified in the four-corners of the contract. It is also important to realize that in most cases "breach of contract" cases will actually be tried in Courts of Equity. In such a venue, such factors as fairness-of-the deal will be considered. (These considerations are not customarily given much weight in civil matters.)

To be realistic in pursuing a claim against the defendant, you must carefully analyze whether you will be able to collect against the defendant, were you to obtain the judgment you seek. The likelihood of prevailing against a judgment-proof defendant is not high. However, even if you were to prevail, it does you little good if you're unable to collect damages awarded.

Prior to determining whether you wish to pursue a claim against the party with whom you have entered the contract, plaintiffs must realize the importance of being able to articulate specific violations that have occurred. Plaintiffs who have questions regarding this matter are encouraged to contact their attorneys without delay. Remember, the clock is ticking. (Customarily, this does not inure to the plaintiff's favor.) If plaintiffs are unable to identify the specific violations in the contract, even with their attorneys' assistance, plaintiffs are encouraged to rethink their intent of file suit in "breach of contract" cases.

Once you've reviewed your case, assessed the likelihood of actually being able to collect damages against the other party, and identified specific violations at-issue, it is time to chart the course for your litigation. Once you have reached this stage in the decision-making process, an attorney's value will become readily apparent. This is not a time to speculate! This is the time to clearly articulate what it is on which your actual claim has been established. If you fail to pursue the correct course of action, you significantly diminish the likelihood of prevailing on your claim. Those who fail at this stage also significantly diminish the likelihood of obtaining lawsuit loans.

Vital to such considerations will be the opposing party's credit-history, the opposing party's financial-assets, and the opposing party's history of dealing with others in contractual negotiations. These factors will play an important role to the trier-of-fact. If the other party has a history of fair-dealing, that information will play a significant role in assessing the opposing party's actions in this case. Contrariwise, a history in which the other party has taken unfair advantage of others in contractual negotiations will increase the plaintiff's likelihood of prevailing as a result of the opposing party's inappropriate dealings in this particular negotiation.

The final stage will be verification of payoffs on prior loans and/or advances, if applicable. You will find that in almost all cases you will be obligated to pay off existing loans, viz., loans for which you and the opposing party are jointly-liable, prior to pursuing a separate violation against the other party to the contract. Additionally, any advances you and the other party have received must be either repaid or satisfied prior to obtaining the judgment against the other party.

Once again, when pursuing lawsuit loans, if you follow the foregoing steps, you should find it fairly easy to achieve the funding you seek. However, those who fail to adhere to the foregoing many find it extremely difficult to obtain settlement loans and/or pre-settlement loans.

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