Monday, April 13, 2009

Collecting Business Debts

Learn how to minimize late payments and communicate with clients who might be headed for collections.

Sometimes, the biggest challenge for a small business owner comes when it's time to get paid. Fortunately, with a little preparation, you can minimize late payments and develop the business radar that lets you know when an account is headed for collections. By communicating effectively and working with financially troubled clients as they make their way through a rough patch, you may end up with devoted customers for life.

Late-paying customers usually fall into three categories:

  • Customers who want to pay but, because of real financial problems, can't do it on time.
  • Customers who prefer to delay or juggle payments.
  • Customers who will do whatever possible to avoid any payment.

For the first two categories, there is hope. You may be able to manage these debts and convince the debtors to make partial or full payment. As for the last category, you need to recognize this type as quickly as possible and take serious action -- perhaps turning the account over to a collections agency, discussed below.

Whatever collections efforts you make, one rule always applies: Get busy as soon as possible and stay on the account until you're paid. Send bills promptly and re-bill monthly. There's no need to wait for the end of the month. Send past due notices promptly once an account is overdue.

Here are some more tips:

  • Don't harass. Don't harass people who owe you money, but let them know that you follow these matters closely. Don't leave more than one phone message per day for a debtor, and never leave messages that threaten the debtor or contain statements that put the debtor in a bad light.
  • Be direct, listen, and don't get personal. Keep your calls short and be specific. Your goal, according to collections expert Carol Frischer, should be to prevent the debtor from taking the call personally -- that is, from associating the failure to pay as meaning a failure in life. Always stay calm but always maintain a sense of urgency about getting paid.
  • Get creative. If the customer has genuine financial problems, ask what amount they can realistically afford to pay. Consider extending the time for payment if the customer agrees in writing to a new payment schedule. Call the day before the next scheduled payment is due to be sure the customer plans to respect the agreement.
  • Write demand letters. Along with phone calls, send a series of letters that escalate in intensity. Save copies of all correspondence with the customer and keep notes of all telephone conversations. You may need these if you hand the matter over to a collections agency or take the customer to court.
  • Use your "Out-House" General counsel to write demand letters. Debtors often reply to demand letters by attorneys. If not, they will definitely not respond to correspondence from a collection agency. If the account is fairly large and remains unpaid for an extended period (say six months) and you're doubtful about ever collecting on the debt, consider having your counsel offer in writing a time-limited, deep discount to resolve the matter. Your counsel can finalize this with a mutual release and settlement, a legal document that terminates the debt.
If none of the above tips work, talk to your counsel about the pros and cons of filing a legal collection action.


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