Depending on how the debtor reacts to the demand will affect what additional notices (if any) the company will select from its library. Voluntary resolution (e.g. making payment arrangements and/or partial payments) may result in letters with a gentler tone. Deceptive or belligerent reactions from the debtor may result in a more threatening tone.

Collectors attempt to create a sense of urgency, to try and collect the debt within the shortest amount of time. This hopefully will encourage the debtor to prioritize that particular obligation. Deadlines may be set, such as, Pay this amount within 10 days. There may also be threats, such as, …Or we will proceed with further collection attempts. But most of the time, if a debtor fails to meet the deadline, all that will happen is that yet another dunning letter will arrive, making the same basic demand. The & further collection action usually just means more dunning letters.

Collection letters will always coax the debtor to call the collection company directly via the telephone. If the debtor doesn’t call within thirty days, then a collector will usually attempt to contact the debtor again.

What are the phone calls like? Individual debt collectors may be assigned a group of accounts, and spend their entire workday, every day, calling them. Their enthusiasm is fueled by frequent performance evaluations and personal commission payments. The size of a collector’s own paycheck depends upon how much money he or she takes from people who owe money. That factor coupled with the relentless confrontations, this is a very high-stress job, with high employee turnover.

If a debt collector calls and reaches someone other than the debtor (e.g. a friend), s/he is legally prohibited from letting them know that this is an attempt to collect a debt. Each state differs but this may or may not include the debtor’s spouse. If the collector reaches an answering machine or voice mail, s/he will often leave a FDCPA approved message, but they are not permitted to give details for the call, because someone besides the debtor may hear it. The basic message goes something like, “I am calling for Jane Doe. It is very important that you call me back. My name is JR Rooney, and my number is 1-631-999-9999.” S/he will typically sound rather unemotional and stiff. Collection companies may be required to provide a phone number which is free for the debtor to call. They also may attach their toll free numbers to caller ID equipment which instantly identifies and logs the phone number the debtor is calling from, in order to call the debtor at that number at a later date.

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What are debt collection agencies?

Two possibilities exist.

A few creditors will try to deter a debtor by utilizing a separate company name, address, and phone number for their internal collection departments, with the purpose of giving the impression of an “outside” agency. This strategy is should only be used when the debt is recent (under six months past due.)

Yet the majority of debt collecting activity is done by a third-party collection agency; these are separate from the original creditors, and “work” debts on behalf of various lenders. They may also buy bad debts which have been designated as charge-offs by the original creditor.

This series of articles will be focused on third party debt collection agencies.

How does a debt collection company get money?

Third-party debt collection agencies typically work on commission, this is where they receive a percentage of the amount that they collect. Individual collectors are often paid a low base wage plus commissions based on their personal performance.

A number of companies buy huge groups of charged-off bad debts for a small percentage of the face value (amount owed.) After a debt is sold, the debtor now owes the full amount to the purchaser. Since the chances of recovery decrease substantially with time, an agency might only pay 1% – 5% of face value. The agencies’ profits come from the difference between the purchase price and the amounts that are eventually collected.

How do debt collection agencies work?

The main tools of a debt collection agency are telephone calls and letters.

What is the deal with collections letters?

The 1st demand letter has to say that the recipient has the right to dispute the validity of the debt or request verification of the debt (in writing). Legally, the debt collection company has to send some confirmation after they verif it with the original creditor. Demand letters also must contain the statement that they come from a debt collector, and that any information obtained will be used for the purpose of collecting the debt. Collectors are forbidden to print anything on the outside of the envelope which may indicate or suggest that this is a collection attempt. The return address label must also be discreet, so many companies will just use their company’s initials, or some other nondescript name.

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You should call in a credit collection agency sooner rather than later. The longer you wait to begin the collection process on past due accounts, the less of a chance you’ll have at recovering your money.

The day after an account becomes overdue, you should place a polite phone call to the customer who owes you money. If that doesn’t work, you may want to send a few reminder letters yourself, or you may want to go directly to a credit collection agency. Base your decision on how much money is owed to you and the history of your relationship with the customer. If it’s the first time you are doing business with them, you’ll want to call in a credit collection agency sooner than you would with a 10-year old customer with a solid credit history.

Most companies call in a credit collection agency once a debt is 60 days to 90 days past due. If you wait much longer than 90 days to begin collecting past-due receivables, your chance of collecting drops dramatically.

If you discover that your account has gone out of business, find out what type of business it was – a corporation, a partnership, or a proprietorship. If it was a corporation, don’t bother calling for the help of a collection agency. It is doubtful that you, or any one else, will be able to squeeze the last few nickels out of that client. If the company is a partnership or a proprietorship, you may be able to get the individual owners of the company to pay you out of their own pockets.

If you try to recover an account and fail, consider that loss a tax-deductible item (Tax Code IRC 166, Reg. 1.166). You will be able to deduct the cost of the goods sold (but not paid for) as an ordinary business expense. You can’t deduct any lost profits from the sale, nor can you deduct the money owed for services rendered.

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