Understanding Collection Litigation
We strongly prefer to collect money owed to our clients without going to court. In most situations, if the debtor is willing to voluntarily cooperate at any level, we can get our client’s money faster and less expensively than going to court. But, when litigation is the best alternative and appropriate, we do not hesitate to recommend and implement this course of action.
We frequently have new clients who are not familiar with collection litigation and are surprised at how long it can take to collect via the courts as well as the uncertainty involved. We have created several resources for those who do not have extensive experience with collection litigation to help them understand the process and make better business decisions.
There are three distinct steps to debt collection litigation:
- Determining if you should sue
- Filing and winning the lawsuit
- Collecting the money once a judgment has been issued
With respect to these steps, we have the following resources which we recommend you use in the following order:
Collection Litigation: 5 minute video (& transcript) describing the lawsuit process
Judgment Collection: 5 minute video (& transcript) describing the judgment collection process
Estimating The Return on Investment (ROI) for Collection Litigation
Infographic – a 1 page flowchart showing if a lawsuit makes sense given the circumstances
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.