In order to grow and thrive, businesses need to be profitable, plain and simple. Missing out on payments that are owed to your company can undermine the strength and vitality of your business — with potentially disastrous results. If you are located in West Chester, PA, and your business entity has been unsuccessful in its attempts to collect from a debtor, you need to enlist the help of an experienced and aggressive business collection attorney who knows how to get results.
At Berkowitz Klein, we are those attorneys. We have successfully litigated on the behalf of many businesses attempting to claim payments for over 30 years. With our headquarters in Malvern and a strong presence throughout Pennsylvania, we know West Chester well. Don’t wait any longer — your business deserves clients who follow through on their promises. Call us immediately at (610) 889-3200 (ext. 1) to schedule a consultation. Together we can explore your current situation, and carefully consider all of the potential routes to securing payment for your business.
The Path to Collecting a Business Debt
Collecting a debt is often more difficult than it initially seems. In Pennsylvania in particular, there are tough laws set in place to protect debtors and make it more difficult — sometimes all but impossible — for creditors to collect rightfully-owed payments. If you attempt to navigate the path alone, you risk hitting a legal wall early on. If you enlist a deft attorney who knows the collections process intimately, your chances of securing payment improve significantly.
The Fair Debt Collection Practices Act (FDCPA) came into being in 1977. Over 30 years later, it still poses a challenge to creditors with its numerous stipulations. If your business attempts to chase a debt on its own, you might find yourself in violation of the FDCPA, which, along with many other acts, prohibits:
- contacting a debtor before 8:00 A.M. or after 9:00 P.M.
- threatening legal action (unless the creditor actually intends to take legal action).
- using any sort of abusive language.
- discussing the debt in question with third parties other than an attorney.
In Pennsylvania, the Fair Credit Extension Uniformity Act (FCEUA) imposes even more restrictions upon creditors. There are virtually countless stumbling blocks in the way of those attempting to collect a debt, and they must be handled skillfully. Our experienced attorneys know the way.
Monitoring the Statute of Limitations
The statute of limitations (SOL) is another obstacle creditors are bound to observe. A statute of limitations is like a ticking clock: essentially, it means that there is a given amount of time allotted for pursuing legal action. When that time has elapsed, the validity of prosecution and litigation goes out the window. The statute of limitations varies from legal issue to legal issue, and from state to state. In Pennsylvania, the statute of limitations pertaining to debt collection allows four years. After that time has expired, while creditors can continue their collection attempts, they cannot litigate. This four-year limit is relevant to both written and oral contracts, as well as promissory notes and open-ended accounts like credit cards. Four years may seem like a long time, but if you’re already deep into the battle to receive payment, it can slip away without you noticing. Don’t let the statute of limitations creep up on you and destroy your efforts toward receiving payment.
If Someone Owes Your Business Money, Contact Us
Collecting a debt can become an immensely tangled and arduous process — particularly so in the state of Pennsylvania. If your business has not been successful in trying to manage the effort without legal aid, it’s the perfect time to contact the law offices of Berkowitz Klein. Our attorneys have decades of real-world experience in and out of court litigating for businesses like yours. Don’t wait until it’s too late — call us today.