We want to go on record as saying we appreciate attorneys and the hard work they do. We know that the clients we serve depend on their attorneys to win the judgments they seek. But when the gavel falls and a judgment is entered, an attorney may not be the best person for the debt collection job.
We have worked with plenty of clients whose attorneys have tried, and failed, to collect. We get that. Judgment collection is a niche industry requiring some highly specialized knowledge and a particular skill set. Unless attorneys specialize in debt collection, they probably don’t have the experience or knowledge to do the best job they can for clients.
Again, we truly appreciate the work attorneys do. But here are some things that explain why your attorney may not be the best debt collector:
Attorneys are used to practicing law within the framework of the court system. They were trained that way. Even attorneys who specialize in such mundane things as real estate transactions have been trained to work inside the confines of a specific structure. The debt collection environment can be a lot different.
Just as an example, did you know that courts no longer compel debtors to pay? They used to, by way of something known as debtors’ prison. If a person owed money and didn’t pay the bill, a court could send them to prison until the debt was satisfied. That no longer happens. We abolished debtors’ prison back in the 1830s.
These days, courts enter judgments against defendants and then leave it at that. It is up to creditors and their debt collection agencies to secure payment. That doesn’t necessarily work well for attorneys who are used to a system that establishes predictable cause and effect.
Moving beyond the court system, collection law is rather complicated. Things are made worse by the fact that there are very few standards. Each state regulates debt collection in whatever way it sees fit. There are no federal standards and no uniform statutes attorneys can apply in every state and in every case.
The end result is that most attorneys actually know very little about collection law. On the other hand, we are extremely well-versed in the laws of the six states in which we practice. We know exactly what collection law allows and disallows in Arizona, California, Idaho, Texas, Utah, and Washington.
One final area of concern among attorneys is something known as ‘derogation of the common law’. To put it simply, collection procedures in most states are very strict. Debt collectors must adhere to procedural requirements in every detail or they risk finding themselves in violation of the law. Attorneys not well-versed in the requirements may find themselves unable to get the job done.
Do not misunderstand. There are some exceptionally good attorneys who specialize in judgment collection. But they are the exception rather than the rule. Judgment collection is a complex task that often takes time. It’s made more difficult when collections are something an attorney only dabbles in. As such, very few do.
We believe Judgment Collectors can do a better job for you than an attorney. We have years of collective experience in tracking down debtors, discovering their assets, and getting them to pay up. We fully understand the unique structure of collection law and how to apply it to the cases we take. In the end, this means you get paid. And if you don’t, neither do we.
Published July 15, 2021