Maximizing Revenue Potential: Lessons on Legal Recourse from Towing Conflicts
Understanding the Legal Process of Suing a Towing Company
While this sounds like the marriage of revenue operations and all the right marketing automation tools, that’s not where we’re going here. What we’re considering is how the legal challenges involved in the process of suing a towing company can teach us a lot about problem solving and generating revenue. And where there’s one challenge, you can find a parallel elsewhere. Let’s take a look at how this works.
How can you increase revenue and build compliant processes and procedures in your organization?
One of the major ways to do this is by looking at case studies that are outside your area of industry. These legal battles are the most valuable case studies and business lessons you’ll find. You should also incorporate the lessons from unconventional sources into your process and procedures improvements needed for revenue operations excellence.
The main thing to keep in mind is to think about what problems people are having now and how they can be solved. You can then think about how you would have solved that problem in a previous era. If you would have just called the police, used your connections with law enforcement or asked a judge, think about how you can still use your existing processes and procedures as a metaphor. You’d be surprised at how much you can learn about how to fix things and make them better.
I’m going to use the example of how to sue a towing company to illustrate this point. There are a lot of creative solutions out there. But when you call the police on someone, they don’t always do anything. So you’re actually thinking about filing suit. Are you ready for court? Can you start the process informally by asking them to do the right thing before you file suit or before you hire a lawyer? The answer is almost always yes.
You can file a small claims, or “small-claims” lawsuit relatively easily by providing the necessary information and bringing your documentation to the local court’s office. Once you have done so, you are officially in the system. You will need to follow up with a hearing date, arrival of a summons and possibly even a denial of your claim followed by a motion to reconsider. Or you could win. The process takes time, usually 30 days or more to calculate and assign a penalty amount by the judge. All of this requires a fair amount of research to do effectively.
Research and evidence are critical to every approach to marketing automation and a good sales process. In our case study, we’re looking at how to sue a towing company, but even if you don’t have a stake in how to sue a towing company, consider how to apply what you’ve learned in the past.
What painful experience or outcome tipped you off to the fact that there was a problem? What did you notice? Did you try to fix it? What happened next? Did you get satisfaction or wait 30+ days for the court to issue a ruling? Now that you know this rear-ender is dead in the water, what are your options?
As in every strategy meeting, the devil is usually in the details. It’s easy to cut corners and ask the police to deal with it when they finally show up to the scene of the accident. Or you can start thinking creatively about how to not get stuck in a situation that you can’t solve. Use this problem-solving exercise to work through minor process challenges in other aspects of your business.
For example, are your sales personnel clear and concise with customers? Are they apologizing and over-explaining? Are they being arrogant? Ask your current prospects who are about to become customers about their experience with your sales reps.
Steps to Filing a Small Claims Lawsuit
- Small claims lawsuit registration form. This usually requires you to list the defendant’s name, address, phone, and fax numbers. The website will also ask for the name of the court where you believe the suit should be filed. This is also where you would tell the story (or include all of the details and causes of action) about why you are suing the towing company. This sounds obvious, but it’s actually where you will either win or lose. Be clear and concise.
- Send a summons to the defendant with your name, mailing address and claim copied. Once the recipient has received a notification, it’s your job to set a date with the court for the hearing. You may also have to research to find out when the recipient is available.
- Prepare for the hearing. Bring any paperwork you received from the tow company. If you have any photographs or other evidence, bring them along. If you have witnesses that will testify on your behalf, bring them, or a sworn statement. Make sure you know what you’re going to say and are not going to say.
- Present your case to the judge. The judge will have heard both sides and may or may not offer a verdict on the spot. Appeal it if you lose, but you probably won’t have to. Be polite and don’t get angry.
- Collect if you win. If you win the case, ask for a means test to determine where the defendant stands financially. If they are in good shape, you may be able to collect what they owe you. You can even garnish their wages if the judge allows it.
Communication is the next ingredient in a successful lawsuit. You must absolutely be very clear with the judge, the jury, and your witnesses and defendants. In plain language, without lots of jargon, discuss why the case matters and what you expect from the other party. Clarity is always best when it comes to customer service as well. Always:
Remember that every battle is a negotiation. You may not win every argument or have your way completely. And the other side surely won’t. Successful negotiations require patience, cooperation, and an open-mindedness to new information.
Whether you’re collecting evidence for a lawsuit or sending marketing automation content to your customers, there are important lessons to be learned (and unlearned). Marketing and sales are the backbone of sustainability in business, and the factors involved in both are quite similar.
For instance, when you are about to file a lawsuit, you’ll want to dive head-first into evidence gathering. That’s because the information you collect will help you formulate a plan to let the other side know you mean business. That means no matter what you do, you should always be aware of the evidence you’re collecting as a future reference point for a potential lawsuit.
While the law is sometimes imprecise and negotiable, there are many areas where strict rules and guidance are needed to lead to an ethical outcome. Bankers and loan originators must follow strict protocols for lending practices, for instance, lest they be taken to court.
