Why a Local Lawyer Shouldn’t Collect Your Out-of-State Judgment
Trying to collect a money judgment from someone in your local area is challenging enough. What if that person moves out-of-state? You might be tempted to enlist the services of a local attorney, perhaps even the same attorney that represented you in court. But guess what? That’s probably a bad idea.
Attorneys do a great job of representing their clients in court. They can do all sorts of things the clients would struggle to do on their own, from navigating the system to filing official paperwork. But your local attorney probably shouldn’t be tasked with collecting an out-of-state judgment.
Being Local Means Something
Right off the bat, being ‘local’ means something in the legal profession. It means you operate only one or two local offices serving individuals and businesses in that area. It means you are not a nationally recognized law firm with offices scattered in major cities across the country.
Why does this matter? Because pursuing a debtor across state lines will probably require you to domesticate your judgment in that state. A local lawyer has no resources outside of his own office, meaning he will have to hook up with a lawyer in the other state to take care of things. Now you are paying two lawyers instead of one.
Also consider the fact that you do not know any of the lawyers your attorney will contract with. Will they handle your case as faithfully as your local attorney did? Do they have the resources to effectively collect outstanding judgments?
Lawyers Have Other Things to Do
Next, consider that lawyers have other things to do. Even the attorney who represented you in your original lawsuit has a full docket that does not include collecting debts on your behalf. For so many attorneys, collection is a side task. It is not a priority.
It is even less of a priority for attorneys working on an out-of-state judgment on behalf of a client they have never met. Expecting an attorney whose office could be hundreds or thousands of miles away to give your case full attention just isn’t realistic.
The Alternative: A Collection Agency
In light of all of this, the obvious question is one of who can actually help. If hiring a local attorney to collect an out-of-state judgment is not a good idea, is there anyone else capable of stepping up? Absolutely. What you need is a specialized collection agency that operates in both states.
By that I mean an agency that doesn’t collect standard debts. It focuses only on money judgments. The two types of debts are vastly different, and money judgment debts require extra skill sets, knowledge, and tools.
Judgment Collectors is one example of a specialized collection agency. Based in Salt Lake City, Utah, Judgment Collectors operates in nearly a dozen states. Judgments are the only types of debt they work on.
Why Specialization Matters
Specialization matters because judgments are a highly specialized form of debt. In addition to being debt, they are also legal orders rendered by civil courts. They need to be navigated differently.
In addition, a judgment opens the door to legal collection tools – like wage garnishment and writs of execution – that are not available without the court order. They require collection agents with highly specialized skills to plan, implement, and execute.
Having a local attorney work on collecting a local judgment is one thing. Expecting this attorney to pursue the judgment out-of-state is unrealistic. Local attorneys simply aren’t the best choice for collecting out-of-state judgments. Creditors are far better off hiring a multi-state collection agency that specializes in money judgment collection.
