When your business is owed money and polite reminders haven’t worked, it’s time to consider hiring a collection attorney. Unlike a collection agency, a collection attorney can file lawsuits, enforce judgments, and negotiate settlements using the leverage of the law — all while protecting your business reputation.
But how do you find the right attorney for your case? Below are key steps and questions to help you make an informed choice.
1. Understand What a Collection Attorney Does
A collection attorney is a licensed lawyer who helps businesses collect unpaid debts — often from other businesses (B2B). Unlike debt collectors, attorneys can:
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Send demand letters backed by legal authority
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File lawsuits and appear in court on your behalf
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Negotiate settlements and enforce judgments
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Handle complex contract disputes and breach of agreement cases
If your business operates across multiple states, hiring a law firm with a national network of attorneys ensures your collection efforts are consistent and compliant everywhere.
2. Ask About Experience and Industry Knowledge
Key Question:
“How much experience do you have with my type of contract or industry?”
Every industry has its nuances — from SaaS subscription contracts and professional service agreements to manufacturing and talent agency invoices. A seasoned attorney who understands your business model can quickly assess your case, anticipate defenses, and maximize recovery.
At Frisella Law, for example, attorneys have over 20 years of experience in commercial debt collection and contract litigation, covering industries from software to marketing and beyond.
3. Clarify the Fee Structure
Key Question:
“Do you charge a flat rate or a variable contingency fee?”
This is one of the most important questions. Some firms increase fees as a case progresses from pre-litigation to court action — others, like Frisella Law, offer a flat rate contingency so your costs remain predictable throughout the case.
Be sure to ask:
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What percentage will the firm take if they recover funds?
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Are there any upfront costs or hidden fees?
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Who pays court filing or service fees?
4. Ask Who Will Handle Your Case
Key Question:
“Will an attorney personally handle communication with my debtor?”
This matters more than most realize. Some firms delegate initial contact to collection agents or paralegals, which can damage your company’s reputation or reduce leverage. A professional conversation from an experienced attorney — one who understands contract law — often leads to quicker, more respectful resolutions.
5. Check the Firm’s Reach and Process
Key Question:
“Can you represent me in every state where I do business?”
If you have clients nationwide, you’ll want a firm that can manage collections across jurisdictions. Ask about their network of local counsel and whether they can handle litigation from start to finish under one roof.
Also ask them to outline their collection process — from client intake to pre-litigation notice, filing suit, and collecting payment — so you know what to expect at each stage.
6. Evaluate Communication and Transparency
Key Question:
“How will I receive updates about my case?”
Choose a firm that values transparency and offers regular status updates. You should never have to chase your attorney for information — especially when money is on the line.
Look for responsiveness, professionalism, and a willingness to collaborate with your management, legal, or finance team.
7. Confirm Reputation and Approach
Key Question:
“How do you handle debtors while protecting client relationships?”
The best collection attorneys know how to balance firmness with professionalism. Your attorney should represent your brand with honesty and respect, ensuring your reputation remains intact even while enforcing your rights.
Final Thoughts
Hiring the right collection attorney can mean the difference between writing off a bad debt and recovering what your business rightfully earned.
Ask questions, demand clarity, and choose a law firm that values both your money and your reputation.
With Frisella Law, you gain an experienced legal partner who manages the entire process — from the first demand letter to final payment — under one flat rate contingency fee, no surprises.