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When a business defaults on a merchant cash advance, recovery can feel impossible especially when assets are hidden behind layered entities.
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.
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:
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.
Every state allows different enforcement methods, and an experienced debt collection attorney uses the strongest available options, such as:
Freezing and seizing funds directly from debtor bank accounts.
For commercial cases, this may include garnishing business income, merchant revenue, or rental income.
Attaching liens to real estate, vehicles, or business assets until the judgment is paid.
Attorneys can access databases and investigative tools that uncover hidden assets.
When debtors operate in another state, an attorney files the judgment under that state’s laws to allow local enforcement.
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.
The more information you give your attorney, the faster they can act. Useful documents include:
Complete files allow the attorney to move quickly and avoid unnecessary delays.
Many creditors delay hiring an attorney for post-judgment recovery, hoping the debtor will pay on their own. Unfortunately, the longer you wait:
Engaging an attorney early increases the odds of finding viable assets.
Discuss your priorities at the start:
Clear expectations help the attorney tailor the strategy.
Good judgment enforcement requires ongoing collaboration. Ask for updates and stay available for questions regarding:
The more insight you provide, the more accurate the enforcement plan becomes.
Most attorneys for debt collections offer options such as:
Discuss billing upfront so there are no surprises and so recovery stays profitable for your business.
A debt collections attorney brings advantages that general lawyers or agencies can’t match:
Most importantly, they know how to turn a judgment into actual money, not just a court document.
You should bring in an attorney when:
If the debtor is avoiding you, using corporate shells, or simply ignoring the judgment, legal intervention is often the most effective next step.
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.
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.
It varies by state, debtor cooperation, and asset location. With an aggressive attorney, creditors often see movement within weeks to months.
Yes. Attorneys can domesticate the judgment and enforce it locally, using the new state's garnishment and levy laws.
Provide contracts, payment history, business records, bank details, UCC filings, personal guarantees, and any known asset information.
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.
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