Debt Collector VS Lawyer: Who to Choose for Debt Collection

March 14, 2024    litigation lawyers
Debt Collector VS Lawyer: Who to Choose for Debt Collection

Collecting funds due on an unpaid loan or account can take a lot of work. Whether it’s a personal loan or a company obligation, you may wonder what to do and how far you should go to collect. When individuals and organisations have exhausted their debt collection efforts, they have two options: use a debt collection agency or hire a commercial litigation lawyer. Here are the crucial aspects that you need to know.

Debt Collection Agency

A debt collection agency is a corporation that lenders and creditors hire after an individual or business fails to collect a debt independently. Most collection agencies act on behalf of creditors, attempting to collect debts in exchange for a fee or a percentage of the amount collected.

Collection agencies handle many clients, debtors, and collection cases at any given time, as they are typically a creditor’s first line of defence in recovering a debt or unpaid account. Collection agencies employ the following methods:

  • Calling the debtor at their home or place of business
  • Sending late payment warnings through the US mail.
  • Contacting a debtor’s relatives, friends, and neighbors for information.
  • Notifying credit reporting agencies about late payments and accounts that are overdue.

Debt collection firms typically handle many consumer debts, including unpaid medical bills, credit card accounts, and overdue utility bills. Creditors who owe a few hundred or even a few thousand dollars should consider hiring a debt collection agency because they can manage many accounts and have limited collecting strategies.

Debt Collection Lawyer

On the other hand, a debt collection lawyer has various legal tools at their disposal to pursue debtors who refuse to pay. Litigation lawyers Perth avoid making rude phone calls and rarely disclose late payments or defaults to credit reporting agencies. Instead, debt collection lawyers will pursue the following steps:

  • Send a demand letter to the debtor, threatening legal action.
  • File a lawsuit against the debtor.
  • Obtain a money judgment.
  • Enforce the monetary judgment.

Enforcing a financial judgement involves employing the legal procedure to collect information about the debtor’s assets, seize them, and use them to meet the judgement obligation. A money judgement in Australia can also serve as a security interest on the debtor’s real property. The debtor must repay the debt before selling or refinancing a home.

Debt recovery lawyers Perth can also establish a written settlement agreement if the parties agree to pay the debt. For example, suppose the debtor wishes to make monthly installment payments. In that case, a lawyer can draft a written contract that outlines the payment terms and includes critical elements like interest and the recovery of the lawyer’s fees in the event of failure.

A commercial litigation lawyer charges a percentage of the recovery or an hourly rate for their services. Payment plans are typically agreed upon in advance and consider the debt’s quantity, the debtor’s solvency, and the length of time the obligation has been unpaid.

Efficient Debt Collection Methods

Lawsuits filed by debt recovery lawyers Perth are most of the times enough to induce debtors to “voluntarily” dissolve the dispute by paying in full or settling. Debtors generally lack valid defences for why the debt was not paid and are reluctant to pay legal costs when the money can be utilised to settle the obligation.

However, a judgement may be obtained if a settlement is not made or if the debtor fails to reply. One may argue that this is the most efficient way; nevertheless, each collection case is unique, and sometimes, all it takes is a phone call or a letter for the debtor to pay.

Choice Based on Your Situation and Preferences

Finally, the option of who to choose for debt recovery depends on your unique circumstances and preferences. When it comes to debt recovery, weighing the benefits and cons of the available solutions is critical.

Engaging a lawyer puts them in a better position to collect their debt because legal action may be initiated, and a professional can handle any prospective trial or court process. Debt collectors, on the other hand, specialise in recovering past-due payments and do not charge an advance fee.

Finally, the decision on who to hire for debt recovery lawyers Perth is based on your circumstances and preferences. Both lawyers and debt collection firms offer efficient alternatives to assist people in pursuing debt recovery. Still, it is best to thoroughly research each option before selecting.


Debt collectors offer specialized expertise in negotiating with debtors and recovering outstanding payments efficiently. On the other hand, lawyers bring legal understanding to the table, navigating complex legal frameworks and pursuing legal actions if necessary. Ultimately, the choice depends on factors such as the nature of the debt, legal implications, and desired outcomes. For significant debts, litigation lawyers Perth should be consulted. A collection agency may best handle smaller consumer debts. In any situation, the creditor should do proper research so that the agency or lawyer is experienced and ready to give your case the attention it requires.

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