Commercial 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 develop systems 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 turning the account over to a collections attorney.
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.

Offer a one-time deep discount. If an 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 offering in writing a time-limited, deep discount to resolve the matter. You can finalize this with a mutual release and settlement, a legal document that terminates the debt.
Turn the account over to a collections attorney. Turning a debt over to collections attorney is usually your last resort. Its at the point when you’ve exhausted all your options and need to give it one serious last shot. Collections attorneys charge between twenty and thirty-three percent of the amount collected, and often add their fees to that amount. But you need to evaluate the cost of your time and the aggravation of having to deal with collections on your own. Perhaps its more cost effective, even paying the firm their share, for you to outsource this activity to a collections firm.

At The Beinhaker Law Firm, we help all our business and professional clients with their collection issues to assist in increasing your revenue and your overall profit. Our skilled legal staff can take the burden of the cumbersome collections process off your desk so you can go back to focusing on running your business and providing good service to your existing clients and customers.

–excerpted from an article by Rich Stim, an Attorney on