Step 1: Do Not Panic and Do Not Sign Immediately
Receiving an unsolicited message about surplus funds can feel exciting — or alarming. Take a breath. Legitimate surplus funds do not disappear overnight. Even if a deadline applies, taking a day or two to verify the facts is almost always safe. What is dangerous is signing an agreement under pressure before you know what you are signing.
Step 2: Identify Who Contacted You
Write down or record the following information about the contact:
- The name of the company or individual who contacted you
- The method of contact (phone, mail, email, text, or in person)
- The name of the person who spoke or wrote to you
- Any phone number, email address, or mailing address they used
- Any company website they directed you to
Step 3: Verify the Information Independently
Do not take the caller's word for it. Contact the county directly using phone numbers you find yourself — not numbers the caller provided. Call the county treasurer, tax collector, or clerk of court in the county where the property was sold and ask:
- Was a property at this address sold through a forced sale?
- Does surplus or excess proceeds exist from that sale?
- What is the case number, sale date, and surplus amount?
- Has anyone already filed a claim for these funds?
- What is the deadline for filing a claim?
Step 4: Research the Company
Before engaging further, research the company that contacted you:
- Search the company name with the Secretary of State in the state where they claim to operate
- Search for complaints with the Better Business Bureau and your state Attorney General
- Search for the company name online with terms like "complaint," "scam," or "review"
- If they claim to be a law firm, verify with the state bar association
- Check whether their website lists a physical address and whether that address appears legitimate
Step 5: Ask the Right Questions
If you decide to engage further, ask these questions before agreeing to anything:
- How did you obtain my contact information?
- What specific surplus funds are you referring to? Please provide the case number, county, and sale date.
- What is your fee? Is it a flat fee or a percentage? What percentage?
- Are there any upfront costs?
- Are you a licensed attorney? If not, what is your professional qualification to handle this claim?
- Can you send me a written agreement to review before I decide?
- What happens if the claim is denied? Do I owe anything?
- Can I handle this claim myself without your service?
Step 6: Consider Your Options
Once you have verified that the surplus is real and you understand what the company is offering, consider your options:
- File the claim yourself. Many claims — especially simple former-owner claims — can be filed directly with the county at little or no cost beyond filing fees and document fees.
- Hire an attorney. An attorney licensed in the relevant state can handle the claim for you, typically on a contingency basis. Attorneys are bound by ethics rules that govern fees and client communication.
- Use a claims recovery service. If the claim is complex and you prefer a professional to handle it, compare multiple services before choosing one. Do not go with the first company that contacted you simply because they reached out first.
Step 7: Get Everything in Writing
Whatever path you choose, ensure that every agreement is in writing. Read it carefully. Have someone you trust — ideally an attorney — review it before you sign. Do not sign anything you do not fully understand.