| For those individuals pursuing lawsuit loans in | | | | pursue an action against the other party to the |
| "breach of contract" cases, there are specific | | | | contract. Pre-settlement loans are also a bad idea |
| documents that will be crucial to being able to | | | | in such cases. |
| obtain the pre-settlement loans they seek. | | | | Once you've reviewed your strengths |
| Fortunately, for those willing to follow the steps | | | | weaknesses, honestly assessed your ability to |
| that are identified in this article, they should find it | | | | collect against the defendant, and clearly identified |
| relatively easy to obtain those settlement loans. | | | | specific violations, it is time to consider pursuing |
| However, those who fail to follow this advice may | | | | your claim without delay. (It is at this time that |
| find it extremely difficult to obtain the funding | | | | you will see the value of a competent attorney |
| they seek. | | | | handling your case.) It is now time to identify the |
| The first item on your agenda should be a | | | | specific basis of which the claim is predicated. It is |
| thorough review of your case. To succeed, it will | | | | very important for plaintiffs to realize that if they |
| be necessary for you to obtain documentation | | | | fail to identify the correct cause of action at this |
| that clearly sets forth the provisions that have | | | | stage, their chances of prevailing are "slim-to-none. |
| been violated. The violations need be plainly | | | | Furthermore, chances of being able to obtain |
| demonstrated in contradistinction to the provisions | | | | lawsuit loans for such claims are extremely |
| identified within the four - corners of the contract | | | | unlikely. |
| at-issue. Contracts customarily "sound" in | | | | It will also be necessary for you to determine the |
| Courts-of-Equity. Numerous factors will be | | | | other party's credit - history, the opposing party's |
| assessed in such courts that customarily would | | | | financial - position, and the other party's history of |
| not be given a great deal of weight (e. g., fairness | | | | financial - dealings. These factors will play a |
| of the deal, arms-length negotiations, etc.). | | | | substantial role for the judge presiding over your |
| Settlement loans are seldom, if ever, provided to | | | | case. If the other party has a history of |
| those who were unable to clearly articulate | | | | fair-dealing, this will certainly work in the |
| violations of the contract in dispute. | | | | defendant's favor. Contrariwise, a history in which |
| In addition to the foregoing, it will be necessary | | | | the other party has abused his/her duty to |
| for plaintiffs to determine the ability to collect | | | | others will inure to the plaintiff's favor. |
| against the defendant, assuming the plaintiffs | | | | The final stage will be verification of payoffs on |
| succeed in the underlying action. It is very unlikely | | | | prior loans and/or advances, if applicable. You will |
| that plaintiffs will obtain judgments against | | | | find that in almost all cases you will be obligated to |
| "judgment-proof" defendants. In those rare | | | | pay off existing loans, viz., loans for which you |
| instances in which plaintiffs do prevail, it is | | | | and the opposing party are jointly-liable, prior to |
| customarily a hollow-victory. There is simply | | | | pursuing a separate violation against the other |
| nothing there from which plaintiffs may collect! | | | | party to the contract. Additionally, any advances |
| Prior to determining whether you wish to pursue | | | | you and the other party have received must be |
| a claim against the party with whom you have | | | | either repaid or satisfied prior to obtaining the |
| entered the contract, analyze the contract to | | | | judgment against the other party. |
| determine the manner in which, if any, specific | | | | For those pursuing lawsuit loans, following the |
| violations have occurred. If you do have | | | | foregoing steps should make it relatively easy to |
| questions, this is why you hire an attorney. It is | | | | obtain pre-settlement loans. Failure to adhere to |
| always critical remember that in litigation, the clock | | | | the following, unfortunately, will significantly |
| is ticking. Time is typically not on the plaintiff's side. | | | | decrease the likelihood of being able to obtain |
| If you're unable to articulate the violations that | | | | settlement loans. |
| have occurred, it is customarily a bad idea to | | | | |