- Don’t say you’re going to sue the debtor if you don’t actually intend to file a lawsuit if you don’t receive payment.
- Don’t talk to third parties about the debtor’s account.
- Don’t threaten or harass a debtor.
- Don’t try to collect debts directly from a debtor who has just filed bankruptcy (see last month’s article).
- Don’t threaten debtors with criminal charges if they don’t pay the debt.
- Don’t contact debtors directly if you know they’re represented by a lawyer in relation to the debt you’re collecting.
Tuesday, October 15, 2024
Staying Professional when Calling Debtors
Tuesday, October 1, 2024
Contacting Debtors via Phone
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Sunday, September 15, 2024
Avoid Violating Bankruptcy Law
If a debtor files for bankruptcy and the debt is being handled by the bankruptcy court or has been discharged, you may be in violation of the “automatic stay” (a court order that comes into immediate effect upon the filing of a bankruptcy action, forbidding collection activity against the debtor). You are in violation of the bankruptcy law if you continue to send notices to the debtor. Be sure to stop the notices, including any that are automatically generated by your computerized billing system. Your automated billing system should be set up to allow you to stop the issuance of any further statements to a customer.
After you write off a debt, you may report the amount to the IRS as a tax loss using form 1099-C. You must provide a copy of the 1099-C form to your debtor, and your debtor may be responsible to pay taxes on that amount as income. Your accounting department or financial professional can advise you about the timely filing of 1099 forms and steps to take if your debtor pays a debt that you’ve written off.
Need Help with Michigan Debt Collections?
If you’re struggling to collect debt from a customer, the Muller Law Firm can help execute the collection and make sure you’re compliant with the law. To get help with Michigan-based debt collections, call (248) 645-2440 or fill out a contact form here.
Sunday, September 1, 2024
When to Stop Sending Statements
Sometimes it makes sense to suspend sending statements to customers. If the customer is out of business or otherwise uncollectible, sending additional statements is often futile. For example, if the customer is out of business and mail is being returned, you can stop sending statements and mark the account as uncollectible. Save yourself the paper and postage. Billing an uncollectible account waste both time and money.
If the customer has been turned over for collection, sending statements may cause confusion. During the collection process, the attorney will make demands for payment using their own letters, forms, and statements. If you send statements of account, that may confuse the customer about how much they owe and where to make payments. After you’ve hired an attorney for an account, your collector will want to receive all payments on that account.
Need Help with Michigan Debt Collections?
If you’re struggling to collect debt from a customer, the Muller Law Firm can help execute the collection and make sure you’re compliant with the law. To get help with Michigan-based debt collections, call (248) 645-2440 or fill out a contact form here.
Thursday, August 15, 2024
Outlining Entity Liability
- Individual and personal guarantors: A person who applies for credit, or who signs a personal guaranty of payment for another entity, should be evaluated for credit purposes based upon their personal assets and income. In the event of default on the debt, they are personally liable.
- Proprietorships: The owner of a proprietorship is personally liable for any default on credit terms extended. A proprietor is the owner, and the business isn’t a separate legal entity.
- Partnerships: The owners of a general partnership are personally liable for money owed. Although the partnership entity is a legal entity that may stand alone financially, the general partners (owners) are personally liable to you.
- Corporations: When you sell to a corporation, only the corporation is liable for your debt. The shareholders only become personally liable if they sign a personal guaranty. Exercise extreme caution when extending credit to a corporation.
- Other Legal Entities: State laws allow for a wide variety of legal entities and, as you process credit applications, over time you’ll probably encounter most of them. You may encounter joint ventures, a cooperative venture between two or more legal entities, or the professional limited liability company (PLLC). To protect yourself, evaluate these entities in the same way you would evaluate a corporation.
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Thursday, August 1, 2024
Defining Legal Entities
- Sole Proprietorship: A business owned and operated by an individual, without limited liability or any of the other features of a corporation.
- General Partnership: A business entity where the owners share personal liability for the debts and obligations of the business.
- Limited Partnership: A form of partnership with general partners, who manage the partnership and are personally liable for its debts, and silent partners, whose liability is limited to the value of their interest in the partnership.
- Corporation: An artificial entity or “legal person” that under normal circumstances shields its owners from liability for its debts.
- Limited Liability Company (LLC): An entity similar to a corporation that ordinarily shields its owners (usually called members) from liability for the debts of their business.
- Signing a personal guaranty or suretyship agreement.
- Managing a business as a member of a limited liability company on the very rare occasion that the documents creating the LLC require personal liability.
- Continuing to run a corporation that has been automatically dissolved by the state.
- Making purchases on behalf of a company that has not yet incorporated.
- Commingling personal money with business money or thinly capitalizing the business from the start.