When in Doubt, Follow the FDCPA

What is the FDCPA, and how can it help you as a debt collector?

Even if you’re not a third-party debt collector, following all the requirements of the Fair Debt Collections Practices Act (FDCPA) can help you avoid violating state laws, some of which impose similar restrictions on all debt collectors.

Commercial debts are not subject to the FDCPA, so generally you’re not restricted by those laws while collecting against commercial debtors. You must still be careful though, because sometimes it’s not immediately clear which debts are commercial and which are for personal or household use. Also, the trend among states is to extend protection against debt collection to all debtors, regardless of the nature of the debt.

It’s wise to follow the FDCPA requirements even when collecting commercial debts. Although following the FDCPA can protect you if you mistakenly believe a personal debt is commercial or when state law is broader than federal law, you’re doing more than following the adage of “better safe than sorry.” For the most part, the provisions of the FDCPA are consistent with good collections practices. They help define and justify collections procedures that can keep your operations both professional and ethical.

Read more in this month’s article.

Get Help from Michigan Debt Collection Services

Have questions about collecting debt, or ready to file a claim? Whatever part of the process you’re at, reach out our Michigan debt collection services at (248) 645-2440 or submit a contact form here.

Play by the Rules when Collecting Debt

What’s the best way to cover your bases when talking to a debtor?

When you work with consumer debtors, you should assume that the debtors are fully aware of their rights and are secretly looking for a way to sue you for violating those rights. Work from the expectation that your debtor is sophisticated:

• Assume that the debtor is keeping notes every bit as good as yours, maybe better. Assume that their records will include dates and times of any phone calls, whether you’re calling at inappropriate times or in a highly repetitive manner (for example, ten calls in a single day), and whether you’ve violated restrictions on communications with third parties, such as their employer.
• If the debtor requests verification of a debt, provide it. Supply the contracts, invoices, and statements underlying the debt. If they request them again, provide them again (and again, and again).
• Make sure that you provide accurate balances for debts. Don’t charge any unauthorized fees or interest rates beyond those permitted by your contract or state law.

Read more in this month’s article.

Get Help from Michigan Debt Collection Services

Have questions about collecting debt, or ready to file a claim? Whatever part of the process you’re at, reach out our Michigan debt collection services at (248) 645-2440 or submit a contact form here.

Valid Contract or Invalid Contract?

Do you know what makes a contract valid or invalid?

“Consideration” is the bargained-for exchange, value for value. In most business contracts, consideration to the offeror is the promise to pay money for the offered goods or services, and the promise of delivery of those goods or services is the consideration to the offeree. It’s not ordinarily a defense that somebody didn’t negotiate a good bargain as long as an exchange occurred. 

“Mutuality” refers to the fact that both parties are bound to do something, or to permit something to be done, for the contract to be valid. For written contracts, this concept has faded somewhat in modern jurisprudence. It’s now most likely to arise in the context of a claim of an implied contract, where one party claims that a course of conduct or dealing with the other party creates a contract, but the other party denies the existence of a contract. 

“Legality” concerns whether the subject matter of the contract is legal. A modern example involves new national security legislation that forbids the international sale of certain computer technology. A contract for the sale of those chips, even though valid prior to the passage of the new law, could afterward become unenforceable on the basis of its illegality.

Need Help with Michigan Debt Collections?

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. Our law firm can handle your debt collections in Michigan, even if you are located outside the state or country. Call (248) 645-2440 or submit a contact form for an efficient resolution to your collection matters.

"When Should I Seek Collection Advice?"

Seeking legal advice?

When is the right time?

Need help developing a collection strategy?

If you encounter unusual facts, or legal issues and aren’t sure about your next step, consult with a collection company in Michigan to avoid making an uncomfortable situation worse. In most cases, a professional can clarify the issues and confirm your next steps to get you back on track to collection.

Learn more here!

Collection Company in Michigan: Get started Today!

If you’re a business owner, you may decide that having a debt collection law firm work on your unpaid invoices is your best choice. That’s an area we specialize in, and we’re happy to discuss your options.

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorneys for debt collection today at (248) 645-2440 for a free no obligation consultation.

Is it Time to Seek Legal Advice?

Having a hard time collecting on your judgment?

Need help developing your collection strategy?

Are you not sure if you need to seek legal advice from a professional?

Despite your best efforts, not every negotiation will be successful. If your attempts to reach a reasonable resolution are refused by your debtor, you need to consider a different approach to move the process forward to getting paid.

Learn more here!

Call Experienced Collection Company in Michigan Now!

If you’re a business owner, you may decide that having a debt collection law firm work on your unpaid invoices is your best choice. That’s an area we specialize in, and we’re happy to discuss your options.

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorneys at our experienced collection company in Michigan today at (248) 645-2440 for a free no obligation consultation.