You cannot recover costs of collection (meaning attorney fees and contingent collection fees) from a U.S. debtor unless your sales contract specified such. At least 10 U.S. states forbid recovery of collection costs as "against public policy," even if provided in a contract. These states are located mostly in the Midwest and include: Kansas, Kentucky, Michigan, Nebraska, North Dakota, Ohio, South Dakota and West Virginia. However, expended court costs (for filing fees, service of process, etc.) are legally recoverable in all states and are added to the amount of the final judgment.
Speak to an Experienced Creditors Rights Attorney Today
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified creditors rights lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local creditors rights attorney to discuss your specific legal situation.