Can’t Afford to Sue a Company That Owes You $100K+? Your Options

Short answer: not being able to pay for a lawsuit doesn’t have to mean giving up the claim. If a company owes your business $100,000 or more, the main options are: send a strong written demand and negotiate, check your contract for attorney-fee and arbitration clauses, ask attorneys about contingency or hybrid fee arrangements, and use litigation funding to help carry the cost.

Small claims court usually isn’t one of the options at this size. Limits are far below $100,000; Colorado’s, for example, is $7,500 (see our Colorado small claims limit guide).

Owed $100,000 or more by a business, and legal costs are the holdup? Request a free claim review.

Why a $100,000 claim is hard to fund yourself

Commercial litigation is billed by the hour and takes a long time. Contracts lawyers average $373 an hour (Clio, 2025 data), and the median federal civil case that reaches trial takes 33.7 months to get there (U.S. Courts, 12 months ending June 30, 2026). A National Center for State Courts study reported a median of $91,000 to take a contract case through trial, based on a 2012 survey of trial lawyers. We break those numbers down in How much does it cost to sue a business for breach of contract?

Attorneys feel the same math. Experienced trial lawyers surveyed for an IAALS study said they regularly turn away cases that aren’t cost-effective, with $100,000 in controversy as the median threshold they cited. And much of the commercial litigation finance market works on far larger cases: the Westfleet Insider 2025 market report puts the average single-matter deal at about $4.5 million.

That leaves many businesses owed a real six-figure amount in a gap: too big to write off, too expensive to fund out of cash flow.

Option 1: A written demand and negotiation

Start with a clear written demand: what’s owed, why, the invoices and contract behind it, and a firm date to pay. Some disputes settle at this stage once the other side sees you’re organized and serious. A demand letter from an attorney can carry more weight, and it costs much less than a lawsuit.

Keep negotiating in writing, and save everything. Just don’t let talks run past a deadline to file.

Option 2: Read your contract before anything else

• Attorney-fee clause. In the U.S., each side usually pays its own lawyer. A clause that shifts fees to the loser can change whether a case is worth bringing, and how attorneys look at it.
• Arbitration clause. Some contracts require arbitration instead of court. That changes the process, the costs, and the timeline.
• Venue and choice of law. Where you have to sue, and which state’s law applies.
• Interest and late-payment terms. These can add to what you’re owed.

Option 3: Ask attorneys about fee arrangements

Commercial attorneys often bill hourly, but not always. Some will consider a contingency fee (paid from the recovery), and others offer hybrid arrangements that mix a reduced hourly rate with a share of the recovery. Terms vary by firm and by case.

When you call, bring a one-page summary and your key documents, ask for a written budget, and ask what would make the case worth taking. If you’re a contractor or supplier, read No Lawyer Will Take Your Construction Case? too.

Option 4: Litigation funding

Litigation funding helps pay the cost of pursuing a claim. Darkwell funds commercial claims of $100,000 or more. Darkwell has a network of attorneys we know. They help keep costs down and still pursue the claim. You can work with an attorney from our network, or your current attorney where it fits. Your attorney handles the legal work, and our funding helps carry the cost so your business isn’t paying for the whole fight out of operating cash.

Our fee comes out of the recovery, not your pocket. If there’s no recovery, you don’t repay our funding. Your written agreement sets the exact terms.

Commercial funding focuses on larger claims of $100,000 or more. Across all our work, we review claims of $10,000 or more, subject to review and approval by our team. Darkwell works in select states where our model is allowed, including Colorado, Wyoming, Florida, and California. Darkwell does not buy or collect consumer debt in states that require a collection license, including Colorado.

See how it works on our Commercial Claim Funding for Businesses page.

Before you choose: can they pay?

Winning only helps if the other side can pay. Look for signs of real assets, revenue, insurance, or a bond, and be careful with companies that are winding down or moving money out. Funders and attorneys will ask the same question. If you already have a judgment, see Judgment Collection Funding.

Construction or contractor claim?

We’ve already written a lot for contractors, subs, and suppliers. Start with Contractor Not Getting Paid, Subcontractor Not Paid by the General Contractor, and Factoring Won’t Take Your Disputed Invoice?, or browse all Contractor Payment Claims guides.

What to gather now

• The contract or agreement, plus change orders, purchase orders, or amendments.
• Invoices, statements, and a ledger of what’s been paid and what’s still owed.
• Emails, texts, and letters, especially admissions of the debt or the reasons they give for not paying.
• The other side’s full legal name, state, and anything you know about their assets or insurance.
• Any demand letters sent, and any filings or arbitration already started.

A company owes your business $100,000 or more and you can’t fund the fight alone? Request a free claim review. Send what you have, and you’ll get a response from our team.

Related reading: Commercial Claim Funding · Cost to Sue for Breach of Contract · Subcontractor vs GC or Developer Claims · Miller Act and Construction Bond Claims · Supplier and Distributor Unpaid Invoices · Claim Funding When You Can’t Afford an Attorney · Litigation Funding vs Hiring an Attorney · FAQ · About