Companion resource library
When to hire help.
Self-represented collection is possible, but there are situations where professional help is not just advisable — it's essential. Knowing when to bring in a professional can save you time, money, and significant legal headaches.
When to hire a lawyer
- The judgment is large (generally $10,000 or more) — the attorney fee is worth it.
- The debtor has an attorney — you need someone who can match their legal arguments.
- You are dealing with bankruptcy — this is not a DIY area.
- You suspect fraudulent transfers — pursuing these requires litigation.
- You need to pierce the corporate veil.
- You are domesticating a judgment in a state whose procedures you are unfamiliar with.
- The debtor has filed a successful exemption claim you want to challenge.
- You've made errors in the collection process and face potential liability.
When to hire a collection agency
Collection agencies — particularly those that handle post-judgment collection — may be appropriate when the judgment is moderate in size and hiring an attorney would consume too much of the recovery, when you don't have time to manage the collection process yourself, or when the agency has proprietary database access and skip-tracing capabilities you lack.
Collection agencies are subject to the FDCPA. Vet any agency carefully: check their license, reputation, and complaint history with your state's consumer protection agency.
Contingency fee math
Many collection attorneys and agencies work on contingency — they charge a percentage of what they actually recover, not an hourly fee. This aligns their incentives with yours and eliminates your upfront cost risk. Typical contingency fees range from 25% to 40% of the recovered amount.
When evaluating a contingency arrangement, think about what you net, not what you gross. If a collection agency charges 35% and recovers $10,000, you receive $6,500 — better than nothing, and often better than spending your own time.
Cost-benefit check before you spend more
- What is the current balance of the judgment (including interest)?
- What is the realistic collectibility — does the debtor have assets?
- What will enforcement cost in time, fees, and professional costs?
- What is the expected recovery after all costs?
If the expected net recovery is less than the cost of collection, it may be wiser to wait — with a lien in place — for the debtor's circumstances to improve, rather than spending money on fruitless enforcement.
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