When a Debt Collection Account is Handed Over to Attorney


A debt collector usually makes efforts to negotiate an acceptable arrangement with the debtor regarding the payment. They are willing to reschedule the payment as they recognise that the circumstances may make it hard, even for a responsible debtor, to pay back.

However, things are not always that easy. There are times when people simply refuse to respond and do not acknowledge the mails sent to them or return calls. In such cases, the debt collector is forced to explore more drastic measures to recover any overdue amounts.

The next logical step in this scenario is to hand the matter over to an attorney who is experienced enough to handle such cases. They would begin with the legal process immediately and send a notice to the debtor. Debt collection attorneys have expertise in recovering unsecured commercial and individual debts like student loans, purchase debts and medical defaults etc.

Attorneys work closely with debt collection companies, also offering legal consultative support during default amounts collection.

The law allows a debt recovery attorney to perform in-house visits to the debtor’s property. Although they are authorised to seize property, negotiating a payment plan is the preferred option. They may encourage the debtor to agree to take a part of their property, equivalent to the amount of the debt, to settle the outstanding amount.

If the debt collection lawyer operates along with a DCA internationally, they may serve one, or more countries, depending on their area of expertise.

If the situation demands, the recovery attorney may even file a statement of claim towards the court, requesting wage garnishment of the debtor.

Debt collection attorneys in the UK act under the Solicitors Regulation Authority (ext. link 6), the Financial Conduct Authority (ext. link 8), the Consumer Protection Act- ext. link 7, etc. Competent lawyers can use their expertise to squeeze the options available to debtors, forcing them to shell out the payment due.