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Starting your Collection Case - page 2

3. The Cost and Expense Deposit

Post Judgment Collection

If your case involves a collection which has already been through the court system and a Judgment has already been obtained which has not yet been collected against a California resident debtor, and you select a percentage or contingent fee, please review our Contingent Fee Retainer Agreement-Post Judgment. Alternatively you may wish to consider our Hourly Fee Retainer Agreement. Hourly fees are rarely appropriate on Judgments that have not been successfully collected in the past as well as smaller cases as discussed in the topic of Contingent Fee or Hourly Fee. In either fee type, you will also need to provide a Substitution of Attorney Form which we will need for the court clerk to issue enforcement documents in our favor.

Sister State Judgment

If your case involves a collection which has already been through the court system in another state and a Judgment has already been obtained which has not yet been collected against a California resident debtor (This is called a Sister State Judgment case), and you select a percentage or contingent fee, please review our Contingent Fee Retainer Agreement-Sister State Judgment. Alternatively you may wish to consider our Hourly Fee Retainer Agreement. However just as with in-state cases, Hourly fees are rarely appropriate on Judgments that have not been successfully collected in the past as well as smaller cases as discussed in the topic of Contingent Fee or Hourly Fee.

If you select traditional hourly fees as a method to compensate us for our services, you should select our Hourly Fee Retainer Agreement. In that case you should confirm the initial retainer requirements with Martin B. Greenbaum prior to sending any money or case materials.

3. The Cost and Expense Deposit

After accumulating all of the evidence and documents, and selecting the fee type you feel most comfortable with, you should review the small cost deposit we request to begin a lawsuit on contingent fee matters. In general, the cost deposit takes creditors through all the steps generally necessary to obtain a judgment and most cases are resolved by that time. The cost deposit covers the expenses of credit reports, database searching and asset verification, court filing fees, process servers fees and related expenses. Review the topic of About Costs for a more in depth discussion.

The initial deposit for court costs are:

  • New cases under $10,000 $250
  • New cases over $10,000 $375
  • California Post Judgment cases $150

Remember we get no fee on contingent fee matters unless there is a successful collection. These cost deposits are applicable only to direct out of pocket costs and expenses.

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