"CREDITORS' RIGHT ATTORNEY VS. COLLECTION AGENCY - THERE'S A CLEAR WINNER."
The simple truth is that a knowledgable and experienced creditors’ rights attorney is light years more powerful and effective than any collection agency. This is due in large part to the undeniable fact that a collection agency is limited to writing letters and making telephone calls – that’s it. But just think for a moment: If letters and telephone calls actually worked, wouldn't you have already collected the debt yourself? The answer is self-evident.
Unlike a collection agency, a creditors' rights attorney can bypass the generally futile process of writing to and/or telephoning the debtor and go immediately to filing a lawsuit. The mere act of suing a debtor can often garner the attention of a previously disinterested debtor. In cases where it doesn't, however, an attorney can quickly shift gears to ratchet up the pressure on the debtor by obtaining pre-judgment security. This security can take the form of a lien against the debtor’s real estate and/or an attachment of the debtor’s bank accounts; no collection agency on Earth can do this. Coming out of the blocks aggressively often suppresses a debtor's willingness to fight and increases the likelihood of an out-of-court settlement in favor of the creditor.
The powers of an attorney are even greater after the judgment is obtained. With a judgment in-hand, there are numerous devastatingly effective post-judgment remedies that only an attorney can put into motion. These remedies include seizing a debtor's assets and garnishing a debtor's wages. In addition, for those debtors who willfully fail to comply with court-ordered payments, an attorney has the right to seek to hold the debtor in contempt of court which could result in the debtor's incarceration if found in contempt by a judge.
Now that you know about the profound advantages of hiring an attorney, it is important to highlight some little known facts. Let's start with the belief by some that using a collection agency is always more cost effective than using an attorney - not true. Indeed, frequently the fees charged by a collection agency are actually higher than those charged by an attorney, sometimes substantially higher. Next, the fact of the matter is that collection agency employees are by and large very poorly trained. The poor training could lead to violations of the Fair Debt Collection Practices Act and potentially expose the creditor to liability as well. Lastly, the dark little secret that no collection agency wants you to know about: When attempts at pestering the debtor ultimately fail, the collection agency refers the matter out anyway to an attorney. The collection agency then engages in a fee sharing arrangement with the attorney completely unbeknownst to the creditor.
In conclusion, collection agencies talk loudly but carry a small stick. Even for relatively small amounts of money owed, a highly-skilled attorney will produce far better results than a series of boilerplate letters and harassing telephone calls. Make no mistake, hiring an attorney over a collection agency is a quintessential no-brainer!