Winning a judgment is only half the battle. For many funders, lenders, and commercial creditors, the real challenge begins after the court issues a decision. Debtors may hide assets, refuse communication, or move their business operations across state lines. That’s where working with a Collection Attorney becomes essential.

A skilled debt collections attorney can turn a paper judgment into real recovery by using tools and legal strategies that creditors can’t typically access on their own. This guide explains how funders can partner effectively with an attorney for post-judgment recovery to increase enforcement success and protect their financial interests.

Why Collection Attorneys Are Critical to Post-Judgment Recovery

Judgment enforcement is technical and heavily regulated. Even with a valid judgment, creditors face strict rules on how they can pursue assets. A knowledgeable Collection Attorney helps navigate:

  • State-specific enforcement laws
  • Filing requirements
  • Limitations on debtor communication
  • Timelines for garnishments, levies, and liens
  • Cross-state judgment domestication

Attorneys understand the legal processes required to force compliance and access assets that debtors attempt to shield. Their involvement often leads to faster results and higher recovery percentages.

Key Tools Collection Attorneys Use to Enforce Judgments

Every state allows different enforcement methods, and an experienced debt collection attorney uses the strongest available options, such as:

1. Bank Levies

Freezing and seizing funds directly from debtor bank accounts.

2. Wage or Revenue Garnishment

For commercial cases, this may include garnishing business income, merchant revenue, or rental income.

3. Property Liens

Attaching liens to real estate, vehicles, or business assets until the judgment is paid.

4. Asset Searches

Attorneys can access databases and investigative tools that uncover hidden assets.

5. Judgment Domestication

When debtors operate in another state, an attorney files the judgment under that state’s laws to allow local enforcement.

6. Court Orders for Information

If needed, attorneys can compel debtors to provide financial records under oath.

These tools significantly improve the likelihood of recovering what you're owed, something standard collection agencies typically cannot do.

How Funders and Creditors Can Work Effectively With a Collection Attorney

1. Provide Complete Documentation

The more information you give your attorney, the faster they can act. Useful documents include:

  • Contracts and funding agreements
  • Payment history
  • Personal guarantees
  • Debtor bank information
  • UCC filings
  • Any previous communication with the debtor

Complete files allow the attorney to move quickly and avoid unnecessary delays.

2. Communicate Early; Don’t Wait Until the Debt Goes Cold

Many creditors delay hiring an attorney for post-judgment recovery, hoping the debtor will pay on their own. Unfortunately, the longer you wait:

  • assets disappear,
  • accounts close,
  • businesses dissolve, and
  • Debtors become harder to locate.

Engaging an attorney early increases the odds of finding viable assets.

3. Set Clear Recovery Goals

Discuss your priorities at the start:

  • Do you want aggressive enforcement?
  • Are payment plans acceptable?
  • Is interest recovery important?
  • How quickly do you want action taken?

Clear expectations help the attorney tailor the strategy.

4. Stay in Regular Communication

Good judgment enforcement requires ongoing collaboration. Ask for updates and stay available for questions regarding:

  • Debtor background
  • Corporate structure
  • Prior disputes
  • Any new contact information

The more insight you provide, the more accurate the enforcement plan becomes.

5. Understand the Cost Structure

Most attorneys for debt collections offer options such as:

  • Contingency fees
  • Hourly rates
  • Hybrid models
  • Flat fees for simple filings

Discuss billing upfront so there are no surprises and so recovery stays profitable for your business.

Benefits of Working With a Debt Collections Attorney

A debt collections attorney brings advantages that general lawyers or agencies can’t match:

  • Access to legal enforcement tools
  • Ability to file motions, garnishments, and levies
  • Experience handling evasive or dishonest debtors
  • Faster escalation when the debtor ignores communication
  • Higher recovery rates compared to standard debt collectors

Most importantly, they know how to turn a judgment into actual money, not just a court document.

When Should a Funder Hire a Collection Attorney?

You should bring in an attorney when:

  • The debtor refuses to pay after judgment
  • Assets are hidden or unclear
  • The debtor operates in another state
  • Large balances justify aggressive enforcement
  • Payment plans have been broken
  • Bank accounts need to be levied
  • You want to maximize recovery and minimize delays

If the debtor is avoiding you, using corporate shells, or simply ignoring the judgment, legal intervention is often the most effective next step.

Final Thoughts

Working with a collection attorney is one of the most powerful ways for commercial creditors to boost their post judgment recovery rate. Attorneys have the tools, authority, and legal leverage required to uncover assets, enforce judgments, and compel payment, even when debtors refuse to cooperate.

If you’re a funder or commercial creditor struggling to collect on a judgment, partnering with the right debt collections attorney can be the difference between partial recovery and full satisfaction of the debt.

Frequently Asked Questions

1. What does a Collection Attorney do that a regular debt collector can’t?

A collection attorney can file lawsuits, enforce judgments, execute levies, garnish accounts, domesticate judgments in other states, and use legal tools unavailable to standard debt collectors.

2. How long does post-judgment recovery usually take?

It varies by state, debtor cooperation, and asset location. With an aggressive attorney, creditors often see movement within weeks to months.

3. Can a Collection Attorney help if the debtor moved to another state?

Yes. Attorneys can domesticate the judgment and enforce it locally, using the new state's garnishment and levy laws.

4. What information should I give a debt collections attorney?

Provide contracts, payment history, business records, bank details, UCC filings, personal guarantees, and any known asset information.

5. Can I recover attorney fees during post-judgment collections?

In many cases, yes, especially if your contract includes an attorney’s fees clause or state law allows it. Your attorney can advise based on the jurisdiction.

Contact Us

Contact us

david@mizrahilawpc.com

(212) 804-8841