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new customer. And he was delighted with your product (or
service).
But now thirty days have gone by, and you've had no check.
So you phone him. No problem, really. "It's just that two
directors need to sign the checks, and one of them is out of
town. He's expected back in two weeks."
Two weeks later, you phone again. The director got back,
they tell you, but he's having a minor operation on his leg.
He went straight to hospital and didn't get a chance to sign
any checks or go through his in-tray. Terribly sorry, but
they swear you'll get a check next week.
Nearly two months have now gone by. The $6200 would be
useful in your cash flow. You have bills to pay, like anyone
else. You try phoning again -- but now have trouble keeping
the irritation out of your voice. Has that check been signed
yet? Yes, they say, but it's with the book-keeper, who has a
whole pile of checks that need to be "entered into the
computer".
"When?" you ask.
"By Friday," they assure you.
Surely, things can't keep going wrong? (Or, more darkly:
surely, they must run out of excuses soon?)
Not so. The problems can go on for a long time yet. That
computer, for example: there could be a disk crash. Or your
check could be sent to the wrong person, to someone who's in
New Zealand. But never mind, they'll issue another one...
when the computer is fixed. And the other director gets back
from Canada. And the book-keeper recovers from his
open-heart surgery. Provided they can find the checkbook, in
the mess that was left after the sales tax people raided
them. Always assuming that the person you want to speak to
has returned from a meeting that seems to last as long as
the polar night.
Even if you're pretty innocent, you'll realize you're being
strung along. Time to put the pressure on! But how?
Usually what happens next in a story like this is that you
make a few angry phone calls. In your last call, you
threaten legal action. (A message that's carefully taken
down by their 16-year-old receptionist, because everyone
else is still in that polar meeting.)
Then you crack. You've had enough! You storm down to your
lawyer (if you have one -- otherwise, you grab the yellow
pages and pick one). There, in that comfortable chair, with
that attentive face taking it all in, you feel like you're
loading shells into a cannon. They did this, they did that!
Great ammunition! Blast them, Mr. Lawyer!
This takes an hour. In extreme cases, even two. Your story
isn't that coherent. You haven't brought any papers -- or
not enough. Anyway, you now feel better. It's now in the
hands of your lawyer. Now they'll see! Boy, will they! No
messing around with you.
Back at your office, you send copies of the papers your
lawyer asked for. You get them out of the office within an
hour, and send them to the lawyer by courier. (Why wait for
the post? So slow. That might delay things a day!)
A week passes. Surely by now something dire must have
happened to those guys who owe you the money? Agitated, you
phone the lawyer. His tone jars you a little. Yes, he's
looked at the papers. He suggests that he will write the
debtor a letter, saying that legal action will be taken if
no check is paid within seven days. A little casual and
slow, you think -- considering those guys deserve, well,
death, practically.
It takes another week before he actually sends the letter.
How is this possible? Surely, there can be nothing more
urgent than your $6200? A whole week, to get a letter out?
But you don't dare resent your lawyer, your main weapon. But
still, you don't feel exactly the way you did at the
beginning. A thought -- hard to repress -- keeps coming up:
maybe you didn't get a tough enough lawyer? But the idea of
starting all over...
The letter goes out, and another week creaks by. Nothing. No
$6200. No response. Zero.
You can't stand it! You'll hit them with a summons! Mind
you, you haven't done this before, and you picture something
like a lightning bolt. It will leave them stunned, and just
alive enough to beg for mercy and write a check.
Actually, what you say to your lawyer is milder: "I believe
that a summons would be the logical next step. Let's hope
they respond in a more positive way, so the matter will be
speedily concluded." So rational.
Several more weeks pass. Probably a month. Little by little,
your lawyer informs you about the facts of legal life. You
don't get out a summons just like that. (At least, he
doesn't, not with his workload.) It's a little mysterious,
anyway, this summons. You're not even exactly sure what
it... er, does.
But you're beginning to learn not to press your lawyer too
hard for details and petty information. He seems, well,
unforthcoming. Sometimes you get the impression that your
case isn't the supernova at the centre of his universe.
In the end, the summons is 'served'. A clear picture, that:
an unpleasant-looking individual pounds on the door of your
enemy (that's what he is now). You can visualise your enemy
opening the door, turning pale, and receiving the summons
with shaking hands. The same effect -- you think -- as a
visit from Al Capone. You feel good all day.
After this event, the excitement never stops. Your lawyer
lets you know that the debtor has 21 days to "file a
defense" (that's what you think he said, worked up as you
are). Otherwise, you'll win the case by default!
Plenty of scope for the imagination there. Many the pleasant
hour you pass, downgrading your debtor's intelligence. His
days pass dimly, you imagine, his mind consisting of some
thin, grey, moronic vapor. So stupid! He'll be enraged when
you snatch that $6200 away from him, just because he
couldn't remember to file a defense! After all, you know the
debtor spends all his time in meetings, he can never find
anything, and his computer is always broken. How could
someone like that ever file a defense?
Unfortunately, he does. Rather, his lawyer does. It's
nothing more than a little note on an official form that
says that they intend to defend the action.
Your mood turns grim. The debtor has passed through
thunderbolts and a visit from Al Capone, and still hasn't
coughed up the $6200.
Time for a conference with your lawyer. "What do we do now?"
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