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If you are in collection industry you probably heard about new proposed changes to debt collections law which would affect the way debt collection agencies do business. Consumer Financial Protection Bureau (CFPB) proposed these new regulations with the idea that it will give more protection for small businesses and individuals. Many other commercial debt collection agencies, as well as debt recovery firms, view these newly proposed rules as a hinderance to the way they currently pursue and collect debts from individuals. The precedent has been set for these proposed changes by an earlier recommendation from the CFPB in where they recommended changes to payday lending.

Continue reading “Debt Collections: Alexander, Miller & Associates will not be affected by new CFPB regulations”

Sometimes negotiations do not work. All the phone calls, demand letters and reasoning will not get a debtor to pay. At times your customer has no intentions in resolving this debt that is rightfully owed to your company and all routine debt recovery practices have been utilized. Times like this takes thinking outside the box and it’s time to get someone in the field making you a priority.

When utilizing a Private Investigator (P.I.) to supplement your debt recovery efforts, timing is the key. It should not be only used as a last minute effort, Private Investigators are to be used to gather info to strengthen your case. It pays to use a P.I. that has experience in debt recovery and asset liability investigations.

On-site Investigations

When a P.I. goes out to visit a business, their main objective is to gather information to strengthen your debt recovery, not to harass the debtor company or staff. They can interview employees, take pictures of applicable assets and gather as much info as they can prior to being asked to leave. The gathered information can help reinforce your case and also usually results in a call back to the debt recovery agency from the debtor to revisit the case.

A private investigator can also be helpful for different investigative services. These include assisting with skip tracing, asset searches, asset liability investigations, business investigations and collections services. In general, a P.I. is a great tool to keep in your toolbox when you require extra strength and need to dedicate the due diligence to be successful with those difficult debt recovery cases.

When all your internal efforts have failed when dealing with past due receivables, it is time to seek representation from a professional. If you have proper accounts receivables policies and procedures you will most likely assign it to a collection agency first.

Most 3rd party collection agencies work on a contingency basis. You do not pay them until they collect. Their commision is based on a percentage of the dollar amount collected. This is beneficial since it avoids you having to spend good money in efforts of collecting bad money. A debt collection agency, when successful, will typically achieve results quicker, since there are no court dates involved. This also helps because the collection agency will make you a priority when the debt is still fresh in the debtors mind and there will often be less resistance given by the debtor.

A collection agency is structured and equipped to collect debt, not to file lawsuits as an attorney would be. They will have a set of tested and proven legal demand letters to send on your behalf. A collection agency will utilize tools and online services to skip trace, investigate and contact the debtor company.   

An attorney can be a valuable asset in your collections process, but a lawyer should always be retained after your 3rd party collection agency exhausted their efforts. In the long run, your accounts would be in far superior shape and prepped for litigation once they are forwarded from your collection agency to your attorney. Remember, it’s a long walk up those courtroom steps, though sometimes a lawsuit is needed. Make sure your collection agency is your first line of defense when dealing with delinquent accounts.
Alexander Miller & Associates have over 60 years of combined industry experience. If you are dealing with delinquent invoices and need representation, contact us for a free consultation. If a lawsuit is necessary we can recommend a CLLA  Attorney that will take the case. We look forward to earning your business!

In the past, accounts receivables were considered a basic function. Business owners have finally started to realize, that an effective accounts receivables process can have a measurable financial benefit to your bottom line.

Companies that deal with commercial accounts, generally deal with fewer customers with higher balances, while the consumer based companies deal with more clients with smaller balances in their accounts receivables department. However, the basic function in the AR process generally stay the same.

The Accounts Receivables Process

• Remittance – Utilize multiple payment methods;

• Credit Management – Make sure customers are familiar with your terms, use multiple sources for initial credit checks, call business references;

• Collections – Be sure that any account past terms has been forwarded to a 3rd party collection agency or an attorney.

 

Early Pay Discounts

Sales discounts to encourage early payment can improve the cash flow of a business. This discount should be enough to encourage the customer to pay with the desired time, but small enough to avoid profit erosion. As with all promotions, early pay discounts should have a definitive end date as to when the promotion ends.

3rd Party Collection Agency

It is a good practice to have a definitive age when past due accounts are placed with a 3rd party collection agency. Generally it is recommended to turn over delinquent accounts after 90 days. At this point the debt is still fresh on your customer’s mind and will facilitate making you a priority. Along with have a psychological advantage, your collection agency will have tools, technology and contacts that can be used in order to have the account current quickly. Debt collection firms usually have programs in place to assist you in your internal receivables department. Other services include, demand letters, private investigators, commercial credit reports and access to legal records and information.