Fair Debt Collection: The Dos and Very Don’ts

Some of our clients come to us in an agitated state. A particular vendor or other debtor has dodged their payment obligations for far too long. It’s costing their company money, and they’re willing to do just about anything to recover the debt. While we sympathize with their plight, we try to temper their rage by taking emotions out of the equation and informing them of how we can recover what’s owed while staying within the boundaries of the law. One law in particular – the Fair Debt Collection Practices Act. As a firm that regularly collects business debts – that’s us – the law’s regulations govern our actions, including the steps we take when acting on your behalf.

No Threats or Abusive Behavior

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Representatives from our firm, including our attorneys, cannot harass your debtors or abuse them. That restriction includes using threatening language, insinuating legal action when we don’t plan on engaging in any, and contacting debtors between the hours of 9 P.M. and 8 A.M. We don’t want to engage in any behavior that makes your debtor’s life miserable or strong-arms them into paying off the account. When good faith negotiations to settle the debt fail, we can pursue more aggressive options, including the court system, to satisfy the debt, and we won’t need to yell or scream at debtors to do so.

No Lies or Hidden Identities

When in contact with a debtor, in print or on the phone, we must always identify our purposes and ourselves. We’re a law firm working on behalf of your business to collect a debt. Regulations also prevent us from lying to a debtor (not that we would anyway) in terms of concealing our identities or impersonating law enforcement or other official agencies. Insinuating that a debtor has committed some type of criminal offense and might go to jail over the outstanding balance is also a big no-no. Truth at all times is paramount in the collections process. Violating provisions within the law can give your company’s debtor a powerful tool to use against you in the courtroom.

Duty to Stop All Contact

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If a debtor contacts our firm with a “cease communication letter” and asks us to stop contacting them regarding the collections matter, we must comply. Of course, that won’t stop us from escalating legal action against the debtor, but it will impede our ability conduct a more expedient recovery. In that circumstance, the debtor is choosing to shut down all lines of contact about the debt in question, which leaves us little choice but to go to the courts to seek satisfaction.

 If your business is in the midst of a contentious commercial collection, you need the assistance of an experienced law firm to recover maximum value on the debt. Contact our attorneys today for an immediate consultation to discuss your company’s situation, and we can develop an effective plan that best fits your business needs. Your business depends on revenue to stay in the black. We’ll help you keep that trend alive.