With respect to pushing a debtor into involuntary bankruptcy, it probably will not help you very much if you are an unsecured creditor. Recovery of assets in a bankruptcy is long and arduous, and probably is not going to be very rewarding for you. This approach is used as a last resort, and if the debtor has no assets probably will be of little help.

With respect to your statement concerning formal payment agreement...there are many types of agreements in contract law...both express and implied.

Most of us are acquainted with the express agreement...either oral or written. Both are enforceable in court. There is simply a different burden of proof. With an express written agreement the terms, conditions, representations, undertakings and understandings of the parties are usually found within the four corners of the written agreement. If there is an integration clause in the contract it is unlikely that evidence of  prior or contemporaneous oral representations or agreements will be admitted to alter the terms of the written agreement. They may be admissible to prove the invalidity of the contract...such as fraud in the inducement.

Express oral agreements are enforceable but, but instead of looking to the four corners of the written agreement to determine the intent of the parties to the contract...the court will examine the conduct of the parties to determine their intent. With respect to terms of payment (amount and timeliness) the court may also look to the prior course of dealings between the parties and industry standards.

There are also implied contracts....contracts implied in fact and contracts implied in law. An example of a contract implied in fact is purchasing groceries. When you approach the check out counter and begin to put the groceries on the counter...your conduct in placing the groceries on the counter is an implied offer to buy them. The checkout clerk's conduct in ringing up the order is the implied acceptance of the implied offer. Payment for the groceries is the consideration and performance. The deal is done when payment is accepted.

There are also contracts implied in law, which are not true contracts but rather a legal fiction which the courts enforce to avoid injustice. The term has different names...unjust enrichment...quantum meruit...quasi-contract.  If the client accepts the abstractor's work under circumstances in which he knew or should have known that the abstractor expected to be paid, the client is liable for the payment of the reasonable value of said services.

The above express oral and written contracts and contracts implied in law are bilateral contracts. There is also the matter of a unilateral contract. The client's communication of the search order is an offer in contract law. The abstractor's performance of the search is both the acceptance and consideration for the contract...very enforceable.

The point is that there is much protection in contract law for the abstractor provided he has the guts to pursue it. Your concern for the cost of litigation should not be a concern. In most cases the court will award the filing fees and cost of service of process as part of the damages. Your main concern should be whether the client has assets to satisfy the judgment...most states have prejudgment remedies whereby the Plaintiff in a contract action has the right to attach/garnish these assets at the outset of the suit to assure there are sufficient assets for the Defendant to pay the claim at the conclusion of the suit. Your attorney's fees may or may not be recoverable depending on the cause of action upon which you sue, and the law of the forum state.

If you elect to sue in small claims court...it is best that you sue the Defendant in his native state. No attorney is usually required in small claims court. You will have to take a day off to travel to the court to testify if the Defendant does not default. This should involve no more than reshuffling your abstracting schedule and your travel expenses.

In Connecticut we couple an application for prejudgment remedy with a motion to discover assets. We sit the Defendant in the witness box in front of a judge, and ask him where his bank account is located, account number, balance in the account, his real estate is located, encumbrances on the real estate, personal property, etc. Most of the time the Defendant elects to substitute bond for the attachment/garnishment...perfectly acceptable...then there is cash to pay the judgment.

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