How to tell a real recovery firm from a predator

Red flags — leave the conversation

• They want money upfront. A filing fee, a search fee, a retainer, a 'court cost deposit.' Legitimate recovery is contingent. If nothing is recovered, you should owe nothing.
• They want you to sign a deed. There is no version of a surplus claim that requires you to convey property. If a deed appears in the paperwork, stop.
• They want an assignment of the funds. Assigning your claim outright means the money goes to them and you get whatever they decide to send back. Your claim should stay in your name.
• They will not put the fee in writing. The percentage and, where known, the dollar figure belong in the agreement before you sign.
• They pressure you to sign today. Real deadlines are months out and we will tell you exactly what yours is. 'Sign now or lose it' is a sales tactic.
• They will not say who the attorney is. Texas claims are filed by licensed attorneys. You are entitled to their name and bar number.
• They will not tell you the amount. If a company knows there is a surplus but will not tell you how much until you sign, they are counting on you not knowing what you are giving up.
• The fee ignores the statutory cap. Texas limits what may be charged for pursuing a tax-sale excess-proceeds claim on someone else's behalf. A quote that blows past it tells you what kind of shop you are dealing with.

Questions worth asking anyone, including us

• What is the surplus amount, and how did you calculate it?
• Who is the licensed attorney who will file, and what is their bar number?
• What exactly is your fee, in percent and in dollars?
• What do I owe if the claim fails?
• Am I signing anything that transfers property or assigns the funds?
• What is my deadline, and what county is holding the money?

A firm that does this work properly answers all six without hesitating, in writing.

You can verify all of this yourself, free

Nothing about a surplus is secret. The sale is a recorded document. The deposit into the registry or with the county clerk is a public record. You can call the district clerk in the county where the property sold and ask whether funds are being held in connection with the sale.

You are also free to file the claim yourself, or to hire your own attorney directly. We would rather you go in knowing that. People who understand their options make better clients than people who feel cornered.

What we do differently

• You pay nothing unless funds are recovered — no exceptions, no fine print
• No deeds. No assignments. The claim stays in your name
• The fee is in the engagement letter, in percent and in dollars, before you sign
• You get the attorney's name and bar number, because they are on your file
• We tell you the number before you commit, including when the number is zero
• We tell you that you can do this yourself, and how