When Collections Require Legal Action
It’s a general truism that no one wants to go to court, especially over financial issues. Even if you win a court case, you’ve still lost valuable time and money. Litigation costs more and takes longer than negotiating outside of court, and winning a judgment does not guarantee payment.
However, usually the threat of going to court is enough to persuade someone to negotiate a settlement. At The Kaplan Group, we have an in-house law firm, but we do not use them to sue. Instead, we do a full second collection effort under their name at the same contingency rate (10% to 25%) we charge when collecting under our collection agency name. Over 97% of our successfully resolved cases are resolved without going to court.
If we do have to go to court, we have a nationwide network of attorneys who will sue on a contingency basis. We win 99.9% of our collection lawsuits. It can cost between $300 – $4,000 to file a lawsuit, and receiving a judgment takes a minimum of four months and can take up to twenty months. The contingency rate is typically 30% to 35% including both the attorney and The Kaplan Group fees. Rest assured, the contingency rate applies only to amounts collected, regardless of the amount of the judgment. Of course, judgment collection efforts can be taken if the debtor does not pay.
If you are considering taking legal action against a company, you probably have a lot of questions.
That’s why, we’ve put together a Collection Litigation Section with helpful information including:
We also have helpful videos to walk you through the litigation process.
Remember, suing for unpaid debts should always be a last resort. At The Kaplan Group, our goal is to make sure you are paid the money you are owed, without going to court. Please reach out and let us know how we can help.
About The Author:
Dean Kaplan is Principal at The Kaplan Group. Dean's expertise is widely recognized in the debt collection industry. His advice has been published in a number of industry newsletters such as Credit Today and InsideARM and he is a frequent speaker at industry events.