Many companies and private parties credit customers for cash or services rendered. Sometimes, consumers neglect to pay their debts, which can cost the original lender or company a lot of money, time, and effort to recover these losses. According to a reliable Massachusetts law firm attorney knowledgeable about these matters, it may be a good idea to hire a skilled attorney who specializes in collecting owed debts on behalf of their clients to perform these duties for you. It is important to hire the right attorney to increase your chances of successful resolution of these matters.
Failure to take prompt action with the intent to recoup these owed obligations from your customers could have dire consequences for your business or personal cash flow or line of credit. Keep reading to learn how to select the best lawyer for your needs.
Evaluating Chosen Attorney Qualifications and Experience
You may have wondered what type of lawyer to hire for these purposes. It is also crucial to understand precisely what this recovery process of funds, or other owed items, consists of, along with what is legal for you to do in these cases. Under the law, you would be considered the creditor, and your debtors can be either a business or an individual. You may legally begin proceedings designed to collect on these monetary payments, or other agreed-upon items of a similar value if you have met the legal grounds to do so.
Choose an attorney who specializes in these kinds of proceedings. Ask to see proof of the attorney’s past successes, pertinent education, and other training credentials. Be sure to check whether or not your desired lawyer has a good and positive professional reputation in the community. Always inquire whether the attorney will represent you in court if your case or cases will require this step at a later date.
The Importance of Attorney-Client Communication
For the resolution of owed funds to succeed, you must have an excellent attorney-client line of communication. Your selected attorney must understand your requirements and needs to perform this legal process on your behalf. Avoid lawyers who seem too busy to call you back in a timely fashion and those attorneys who do not have a knack for explaining sometimes complicated legal jargon in a manner that you can understand easily.
Remember, if the attorney you select does not communicate with you effectively, they are likely to do the same with your clients. It is best to meet the lawyer face-to-face if possible. This will also allow you to assess the attorney’s body language, facial expressions, and so forth. Under the laws for these collecting processes, you may settle for a percentage of what the customer owes. Considering the legal fees and other added expenses that come with this process might be the best legal strategy in some cases.
You may want to hire an experienced attorney if:
- You are owed more than $5,000
- You intend to take the matter to court.
- When you are up against a more prominent company
- In cases where you want to send consumers a demand letter
- You need legal counsel before taking these actions.
Setting Expectations and Goals When Hiring a Debt Collections Attorney
After you decide on a suitable attorney to handle your cases, take some time to discuss and set up reasonable goals and expectations to avoid any miscommunications. For example, you will want to discuss how aggressive you want the resolution process to be with each of your customers. In many cases, customers respond better to polite forms of communication and may remain good customers in the future. Other clients may need stronger communication language and efforts to spur them into paying their overdue obligations.
Of course, there are legal limits regarding these types of actions, and the original creditor may also be held liable for breaches in legal laws that must be heeded by all parties involved. This is why hiring an attorney familiar with these sorts of cases is typically better than dealing with most credit resolution agencies, which often tend to be very aggressive and sometimes push these boundaries to the extreme. Create a clear timeline of what you expect the legal process to look like. Ensure your attorney will keep you informed on the progress made on your case or cases at regular preset intervals. Letting matters go without this promise of timely disclosure could result in a less-than-suitable end result.
It is also imperative for creditors to discuss all legal fees and other expenses before making any legally binding agreements for services. These costs can vary widely depending on the law firm, geographical location, types of cases being handled, number of debtors being pursued, and many other reasons. Make sure that your attorney has an accurate picture of each case, which should include dates, amounts owed, previous attempts to resolve the matter, customer contact information, and other related details.
Red Flags to Watch for When Selecting Legal Representation
Even after doing the recommended due diligence when vetting a possible attorney, some unscrupulous lawyers attempt to get one over on unsuspecting clients. There are often red flags that can signal the need for caution.
A few red flags that an attorney may not be suitable include:
- Unclear billing and fee structures
- Any unethical forms of billing or communications
- Failure to keep clients updated on a timely basis
- Poor communication skills
- Disorganization in general or legal strategies that are not effective
- Past history of negative client complaints
- Unfair or potentially illegal pressure tactics on clients or harassment history
- Dishonest practices or gross misrepresentation of any sort
- Promises the moon but fails to deliver
- Lack of interest or conflict of interest
- The lawyer fails to listen to you or pressures you
- Breach of confidentiality.
Find a Competent Attorney in Massachusetts for Collecting Debts on Your Behalf
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