You don’t need a lawyer to write a good collection demand letter. Save your money and write your own collection demand letter following these recommendations.
Know who to send the letter to. The accounts payable clerk doesn’t have authority to pay. Send the demand letter to the business owner, CEO or President. Always make it difficult to ignore the demand. Send by multiple means. A letter sent by mail can also be either attached to an email or incorporated into the email. A fax version can also be sent together with the email and hard copy. A text picture is another way. The more persistent you are, the more likely you’ll get noticed.
KISS. Keep it Short and Simple. “Payment of $xxx has not been received”. Don’t let them make you jump through hoops or force you to play the “go fetch” game. Attach a copy of the invoices, billings, statement of account or other document that shows the balance.
Don’t give extended terms. Shift the burden. For example, say “If the payment is not received within ___ days, we will understand that as your invitation to (alternatives) suspend your account or refer this matter for collection action”. Debtors don’t invite you to come after them often. They will deny and deflect but not invite.
Remind your debtor of other consequences. If your contract, credit application, invoices or other documents provide for prevailing party attorneys fees recovery, mention that in the letter.
Some content doesn’t belong in a Collection Demand Letter. For example, don’t whine. Recitations of how many times you called, wrote, sent information or bills, exchanged promises by email, etc. don’t move you closer to getting your money. Generally the debtor takes it personally and adds that to a reason not to pay.
Similarly, Don’t insult. Telling a debtor he is dishonest, broke his word, is a scoundrel, etc is counter productive. You don’t like being insulted and neither does the debtor. Generally an insult is a rationalization for allowing a debtor to ignore you from then on. Also don’t threaten disparagement, reports or charges.
Don’t offer a compromise quickly. As soon as you suggest you will take less than the amount owed, the debt becomes a negotiation. If there is a compromise, let the debtor suggest that. Finally, if your demand letter doesn’t work and all you phone calls have not worked, don’t wait. Bad debt is not fine wine. It doesn’t get better with age.
If your debt is in California, is a commercial debt over $10,000 and you want recovery, consider our website at www.collectionlaw.com. Your no obligation phone consultation is just moments away.
Collect bad debt in California. Bad debts are not unusual, most businesses experience some bad debt. Take action. Don’t just hope things will change. Send your own demand letters and make your own collection calls.
When those don’t work, hire a collection attorney to sue now, not after more of the same. If your collection calls and demand letters failed engage us as your collection attorney to begin your collection suit quickly. Bad debts don’t age well. If you don’t hire a collection attorney and the other creditors do, your debt won’t ever get paid. collection agencies don’t sue, they just make more calls and send more letters.
The courts aren’t free. There are court filing and process server costs. Anyone who promises to collect without any court costs are just a come-on. Consider the benefits of either contingent fees or hourly fees for your collection. We’ll send you information on both.
At www.collectionlaw.com, you’ll find answers to frequently asked questions. Our contingent or hourly fees are on our website. Call 800-519-0562 for a no obligation review.
Enforce your money judgment entered in any state against your debtor in California. Judgments from all American states are enforceable and collectible in California as a Sister State Judgment.
The Constitution requires all states to honor the judgments of each other and to allow them to be enforced when you have a judgement against a California resident or business or someone who has assets in California we take legal collection action.
The procedures are generally simple and fast. You don’t have to prove your case again with a properly certified copy of your judgment from another state we’ll turn it into a California judgment anywhere in California and will fight to get your money fast. Greenbaum Law Group offer sister State judgment enforcement legal services in California on either contingent or hourly fees.
At www.sisterstatejudgments.com, you’ll find answers to frequently asked questions and our fees clearly shown. Call (800) 519-0562 to have a no obligation information package sent for your judgment collection case, or pause this video and go here for information on starting your Sister State Judgment collection.
1. Know who to call
Determine the name and extension of the A/P person once and keep it. Get the email also. If repetitive calls are necessary, be nice.
2. Know how soon
You teach your payment terms. If you call when a bill is 30 days late, you just taught that there are 30 extra days in the payment cycle. Call 5 days after a payment is due.
3. Know when
Afternoon calls get deferred to the next day. Be on the short list for today’s action.
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KISS, Keep it short and simple. No blame! No insults! No emotions! “I’m calling because your account is overdue. Will you pay this now?
Chatty. Listen without blaming and keep the conversation going. Discover the facts or build rapport or become less threatening.
5. Be prepared to respond
Anticipate the usual excuses. Have the responses ready. For example, if told they didn’t receive invoices or billings, have pdf’s ready to email immediately while you are on the phone. Have your statements and A/R balance report handy for past payment application responses.
6. Payment alternatives
Send an email with direct deposit and wire transfer instructions to an account in one of the big chain banks. Describe payment by going to a branch of your bank to deposit. Do you take credit cards? Paypal? Venmo? Zelle?
7. Pick up a check
Fedex, UPS and others will pick up, usually same day if called early. If you are told they have a check for you, ask if you can have (fedex) pick it up that day. If yes, call for a pick up. Eat the cost to get the money if the payment is big enough.
8. Speak through a smile
Few people like collection calls but most people like to talk to friends. They smile when talking to friends. Treat each debtor as your friend and your attitude will come through your voice. People pay more attention to friends.
9. Keep a log
Know when you called, sent letters, what was said, who you talked to and what was discussed. This may not be important now but it could be very important in the future.
10. Make every call a success
You won’t collect on every call so don’t set yourself up for feelings of failure. End each call with an assessment of what you gained from making the call. You can almost always find something positive, even if it is just knowing you must move to the next level.
© 6/2020 Martin B. Greenbaum
It is commonly believed there is no statute of limitations for student loans.
But when is a loan just too old to be actionable?
With International trade increasing exponentially, especially with China, there is an increase in the request for collections against US companies who haven’t paid. But if a creditor is strictly foreign, there is a dilema in filing a collection action in the creditors name directly. It is generally preferable to have the foreign creditor assign the debt to a US assignee for suit. This does not subject the foreign entity to US jurisdiction by filing and mitigates any cross claims. The assignee might be subject to the same defenses if the assignee took the paper with notice but won’t be at risk on any cross claims.
The new e-filing system of the Orange County Superior Court requires all civil case filings be done by an intermediary. They charge extra fees for the handling. The system also now requires payment of court filing fees by Credit Card of ACH. Again there are added fees that the litigants must pay. Law firm billing is also now a nightmare since every filing, previously free, has a charge associated. This means litigants get monthly bills, call with questions and consume more admin time.