Sometimes companies just seem to disappear. We do extensive research to either confirm they are no longer operating or to find them at a new location, operating under different names or with different contact information. We also track down owners, either because they have personal liability for the business debt or to confirm the business is closed. Our research techniques may include finding and contacting relatives, neighbors and landlords as well as simply finding working phone numbers and home addresses for the person of interest.
If our collection agency efforts have not achieved the desired results, accounts are then ‘placed’ with our in-house law firm.A complete debt collection effort is made under the name of the law firm which creates significant additional pressure on the debtor, and this unique feature of our agency has proven to be avaluable tool in our collection process. There is no increased cost for our clients for use of these services – the contingency rate is the same as if we collected under our agency name. Our in-house law firm also manages attorney forwardingand litigation matters.
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If we cannot resolve the matter on a voluntary basis, we have a nationwide network of debt collection attorneys who work on a contingency basis. We only recommend suit if we believe there is an extremely high likelihood of getting a substantial return on investment. All litigation must be improved in writing by clients. More information is available in our debt collection litigation video.
The majority of debt collection claims result from the debtor having financial problems. We seek to understand the owner’s personal financial situation as wellas the company’s financial position to help us with developing a negotiating strategy and a successful result
Unfortunately, in the vast majority of larger commercial collections the debtor does not have the financial ability to make full restitution in one payment. We will negotiate and enforce payment plans, which may have weekly, bi-weekly or monthly payments. These plans get documented and we strive to make them as automatic as possible so we are not having to chase the debtor for each payment. While we strongly prefer to get all of your money immediately, if we have to work over an extended period it is still superior to not getting paid and generally better than having to go to court. All payments plans are subject to client approval.
Winning the lawsuit is the first step to getting paid. Then the judgment has to be collected. If the debtor does not voluntarily agree to pay once we have a judgment ̧ there are a number of court-ordered judgment collection processes we use to collect. The judgment collection video explains this in greater detail.
On occasion there are disputes where the other party has some damage claim against our client. The end result may be that our client agrees to accept less than the full balance owed as part of settling the dispute. In other situations, a debtor may be delinquent with a significant number of vendors and only have a limited amount of funds available to satisfy old debts. While a long-term payment plan may get a full recovery, there is risk that the debtor goes out of business before satisfying the obligation in full. In this situation, it may be preferable to negotiate a settlement agreement where the debtor gets a discount but pays the full discounted amount immediately. Clients must approve in writing any settlement agreement.
This means developing an understanding of the debtor – the business itself, the ownership, and its employees. We seek to determine how large they are, how long they have been in business, and how the business is performing. We will also investigate the background of owners, managers and employees as appropriate. The debt collectors uses this information to develop a strategy and innegotiations with the debtor.