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Business guide · Agency or attorney

Collection agency or attorney: which path fits the account?

Start with the account facts, not the title of the provider.

A collection agency and a collection attorney can both pursue unpaid business debt, but they usually begin at different points. An agency commonly starts with investigation, contact and negotiation. An attorney may send a legal demand, assess claims and defenses, or file suit when authorized.

Use an agency when collection work may still resolve the account.

An agency assessment can fit when the customer is operating, the balance is documented, and structured contact may produce payment or a settlement. Ask who will review the documents, how disputes are escalated, and what would cause the agency to recommend legal review.

Consider counsel earlier when legal rights need protection.

Direct legal advice can be important when a deadline may expire, a lien or bond claim may exist, assets are moving, the debtor has sued or threatened suit, fraud is alleged, or immediate court relief may be necessary. A collection website cannot determine those issues for a particular claim.

Questions to compare before choosing a path
IssueAgency assessmentAttorney assessment
Primary first stepCollection contact and negotiationLegal rights, demand and litigation options
Typical pricing questionContingency and separate authorized costsHourly, retainer, contingency and court costs
Client approvalSettlement and legal escalation rulesDemand, filing, settlement and enforcement authority
DocumentsAgreement, invoices, delivery, balance and communicationsThe same file plus venue, limitations and available remedies

Do not assume litigation is the automatic second step.

A lawsuit can take time and create costs even when the claim is valid. Before authorizing suit, ask about venue, service, likely defenses, known assets, expected costs, judgment enforcement and the practical chance of collecting.

Ask both providers the same question

Based on this account's amount, age, documents, dispute history and debtor status, what would you do first, what would require our approval, and what costs could arise?

Compare the written proposals · Prepare the account file