Small Business Brief

Small Business Articles

[Home] [Submit Your Articles]

Article Categories

Subscribe to the Small Business Brief Newsletter!

Our free newsletter is delivered once a week and provides a digest of small business ideas and articles that inspire, inform and generally keep small business owners up to date with the information they need to succeed. Your email address will NOT be given to third parties.


Small Business Debt Collection Law Cheat Sheet

by Joel Walsh

In your small business debt collection laws will eventually become important, as your debt grows and some clients do not pay.

To collect small business debts legally, you must first send a written notice that collections have begun, within five days of first contacting the debtor for collections (for instance, within five days of calling on the telephone). The letter must include dispute instructions.

Small Business Debt Collection Laws Forbidden Practices

* Collect any amount beyond the actual debt, unless you really can do so legally.

* Continue collections on a debt if the debtor has disputed the debt, unless you provide the debtor with written proof.

* Continue contacting the debtor if within 30 days of first contact, the debtor disputes the debt.

* Credit a payment the debtor has made to a non-disputed debt to a debt the debtor has disputed.

* Deposit a post-dated check before the post-date.

Small Business Debt Collections Laws: What You Can't Say

* Give a false name.

* You are an attorney or government representative, if you are not.

* You have an attorney working for you or that you are going to assign the case to an attorney, if you really do not.

* The debtor has committed a crime, unless you are 100% sure they have.

* You work for a credit bureau, if you really do not.

* The debt is more or less money than it actually is.

* You are sending or have sent legal forms when you really did not.

* You are sending or have sent papers that are not legal forms, if they really are legal forms.

* The debtor will be arrested--no one is arrested for nonpayment of debts anymore.

* You will seize, garnish, attach, or sell the debtor's property or wages, if you do not really intend to or cannot legally do so (and unless the debt is secured with collateral, you probably cannot).

* You will sue or take other legal action, if you do not really intend to, or are not legally able to do so.

Small Business Debt Collection Laws Forbidden Third-Party Disclosures

Never:

* Give any credit-related information that is not 100% accurate.

* Tell anyone other than the debtor that you are collecting a debt.

* Telephone any number other than the debtor's more than once.

Small Business Debt Collection Phone Calls

Never:

* Call after 9 pm or before 8 am.

* Forget to give your name and your company's name.

* Call repeatedly or in a way intended to annoy.

* Make a collect call.

* Make any threats.

* Use profane or obscene language.

* Leave a message that reveals this is a debt collection.

Small Business Debt Collection Mailing

Never send:

* Postcards.

* Envelopes or mailings with any reference to debt collection on the exterior.

* Anything that looks like an official, legal, or government document, if it is not.

Please note this page is not intended to give legal advice and may not be complete or up to date with the most current collection laws changes.

Discuss this in our Forum

About the Author:

Joel Walsh has written more tips on debt collection law: www.debt-collection-laws.com


















business cards


Small Business Ideas Forum - Small Business Opportunities - Small Business Articles - Small Business Resources - Small Business Software - Small Business Loans

Home - Contact - Privacy - Top of Page

Copyright © 2006 - 2008 K. Clough, Inc. All Rights Reserved.