One of the most common questions businesses ask is:
“When should we stop trying to collect internally and bring in an attorney?”
Waiting too long to escalate a delinquent account can significantly reduce your chances of getting paid. On the other hand, acting too quickly—without a strategy—can strain business relationships. The key is knowing when the balance shifts and legal involvement becomes the smartest move.
At Frisella Law Firm, we help businesses strike that balance every day.
The Short Answer: Sooner Than You Think
In most cases, businesses should consider sending a delinquent account to an attorney within 60 to 90 days of nonpayment—or immediately after a clear breach of contract.
The earlier an attorney gets involved, the more leverage you have—and the higher your likelihood of recovery.
Why Waiting Too Long Hurts Collection Efforts
1. Debtors Take Delay as a Signal
When repeated reminders, extensions, and informal follow-ups go unanswered, debtors often interpret silence or inaction as weakness. The longer the delay, the less urgency they feel to pay.
2. Assets Can Disappear
As time passes, debtors may:
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Close accounts
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Move funds
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Dissolve entities
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File for bankruptcy
Early legal action helps prevent debtors from putting assets out of reach.
3. Statutes of Limitations Are Always Running
Every state imposes strict deadlines on contract enforcement. Waiting too long—even unintentionally—can eliminate your legal rights entirely.
Signs It’s Time to Send the Debt to an Attorney
You should strongly consider legal involvement when:
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Invoices are 60+ days past due
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Payment promises are repeatedly broken
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The debtor has gone silent
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The debt amount is material to your business
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The debtor disputes the debt without legal basis
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Your internal team has exhausted reasonable efforts
At this stage, continued internal collection often wastes time and resources.
Why an Attorney Is More Effective Than Internal Collection
When a debtor hears from a contract litigation attorney, the dynamic changes immediately. Attorney contact signals that:
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Legal consequences are real
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Litigation is being considered
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Delays will no longer be tolerated
This frequently results in early resolution—without the need for court action.
You Don’t Have to Wait Until Year-End
Many businesses hold delinquent accounts until the end of the fiscal year. This is a costly mistake. There is no legal or strategic advantage to waiting once an account is clearly delinquent or a contract has been breached.
In fact, early attorney involvement often results in faster, less expensive resolutions.
What Happens When You Send a Case to Frisella Law Firm
Our process is designed to be efficient, professional, and business-friendly:
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Free Intake Consultation (phone or Zoom)
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Attorney Demand Letter sent to the debtor
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Negotiation or Litigation Strategy based on debtor response
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Settlement, Judgment, and Enforcement if necessary
And with our flat-rate contingency fee, you only pay if we recover funds on your behalf.
Earlier Action = Better Results
The best time to send a debt to an attorney is before frustration sets in and leverage is lost. Early legal involvement protects your rights, preserves evidence, and increases the likelihood of recovery—often without going to court.
Ready to Stop Chasing and Start Collecting?
If your business has unpaid invoices or delinquent B2B accounts, don’t wait until it’s too late.
📩 Contact Frisella Law Firm today for a free evaluation:
amy@frisellalawfirm.com