Voluntary vs Involuntary Bankruptcy

Do you know the difference between voluntary and involuntary bankruptcy? 

Some bankruptcies are filed by creditors who gang up on the debtor when payments to those creditors are substantially delinquent. This is referred to as an “involuntary petition.” On the other hand, when the debtor files a petition for bankruptcy, that’s considered “voluntary.” Involuntary bankruptcy can occur under Chapters 7 and 11, but not under Chapter 13.

Learn more in our latest article.

Creditors Can Trust Michigan Collection Services

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you are located out of state or out of the country. To make use of our Michigan collection services, call (248) 645-2440 or submit a contact form for an effective resolution to your collection matters.

Bankruptcy: Chapters 7, 11, and 13

Are you familiar with the three most common types of bankruptcy?

The most common “chapters” (or types) in bankruptcy are Chapters 7, 11, and 13. A simple explanation of each chapter follows:

Chapter 7, straight liquidation: In a chapter 7 bankruptcy, the debtor’s assets are divided into two categories:

• Exempt: A debtor’s exempt assets are protected in whole or in part from being taken to pay creditors. For example, exemptions protect formal retirement accounts, Social Security benefits, home equity, and some personal property. The rules of exemption are a bit tricky – exemption can be capped at different levels based on state law, and eligibility for an exemption may also depend on how long the debtor has owned the asset.
• Nonexempt: The debtor’s nonexempt assets are sold, or liquidated, and the cash proceeds are given to the bankruptcy trustee for distribution to creditors (the trustee being an individual appointed by the court to oversee that process).

Chapter 11, business reorganization: Sometimes a business that’s in financial trouble will want to try to stay in business, rather than go through liquidation under Chapter 7. The bankruptcy court allows the company to stay in business and to remain in possession and control of its assets, while implementing a plan to repay creditors based on the debtor’s assets and income.

Chapter 13, wage earner bankruptcy: This form of bankruptcy is similar to a Chapter 11 reorganization, but is limited to wage earners or nonbusiness entities. An ordinary individual or married couple with regular income, whose unsecured debt isn’t outrageous, can file Chapter 13 and enter into a repayment plan very similar to the plan described for Chapter 11. 

Read more in our latest article. 

Creditors Can Trust Michigan Collection Services

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you are located out of state or out of the country. To make use of our Michigan collection services, call (248) 645-2440 or submit a contact form for an effective resolution to your collection matters.

Revoking an Offer Before Making a Contract

Do you know what truly makes a contract enforceable?

Whether you're extending credit, working with vendors, or closing a deal, understanding the fundamentals of a contract is essential to protecting your business.

In most cases, an offer can be withdrawn at any time before it is accepted. However, there are important exceptions:

• Option agreements: When the offeree pays to keep the offer open for a specified period 
• Legal requirements: Certain rules, such as those governing merchants, may require offers to remain open under specific conditions 

Understanding these nuances can help you avoid costly missteps.

Why This Matters for Your Business

Contracts are the backbone of any successful business relationship. When agreements are unclear, incomplete, or improperly formed, collecting what you're owed becomes much more difficult.

That’s where experienced legal guidance makes all the difference.

Read more in our latest article.

Looking for Collection Services in Michigan?

Since 1961, our firm has been committed to helping businesses recover outstanding balances efficiently and ethically. Whether you're in Michigan or operating from out of state, our services can support your collection efforts. Call 248-645-2440 or submit an online contact form to get started!

The Five Core Principles of Contracts

At its core, a valid contract is built on five key elements: offer, acceptance, consideration, mutual assent,
and legality. Let’s break down what each of these means—and why they matter.

1. Offer: The Starting Point

Every contract begins with an offer. This is a clear proposal made by one party (the offeror) to another (the offeree), expressing a willingness to enter into a binding agreement.

In today’s business environment, offers are often made through emails, digital platforms, or written proposals. Regardless of the format, the terms should be clear and specific to avoid confusion later.

2. Acceptance: Clear Agreement to Terms

Acceptance occurs when the offeree agrees to the terms of the offer. This can be done through a direct statement or through actions that clearly indicate agreement.

To avoid disputes, acceptance should always be clear and unambiguous. When possible, respond using the same method the offer was delivered—this helps establish a clean record of agreement.

Timing also matters. If the offer includes a deadline, acceptance must happen within that timeframe. If no deadline is given, the law allows a “reasonable time,” which can vary depending on the situation.

3. Consideration: Value for Value

A contract must involve an exchange of value—this is known as consideration.

In most business transactions, this means one party provides goods or services, and the other provides payment. Courts generally don’t evaluate whether the deal was “fair”—only that something of value was exchanged.

4. Mutual Assent: A Meeting of the Minds

Modern contract law focuses heavily on mutual assent, meaning both parties clearly understand and agree to the essential terms.

This is especially important in today’s fast-paced business world, where informal agreements, email chains, and ongoing relationships can blur the lines. Misunderstandings about key terms can lead to disputes—or even claims that no contract existed at all.

5. Legality: A Lawful Purpose

For a contract to be enforceable, its subject matter must be legal.

Laws and regulations can change, and agreements that were once valid may become unenforceable if they later violate new rules—particularly in highly regulated industries like technology, finance, or international trade.

Read more in our latest article.

Looking for Collection Services in Michigan?

Since 1961, our firm has been committed to helping businesses recover outstanding balances efficiently and ethically. Whether you're in Michigan or operating from out of state, our services can support your collection efforts. Call 248-645-2440 or submit an online contact form to get started! 

Defendants for Incorporated and Unincorporated Debtors

In our last blog, we went over different types of defendants to look for when you file a lawsuit against
your debtor. Those are applicable to ALL types of debtors; below, we go over a few additional types of defendants that you may find in cases of incorporated and unincorporated debtors.

For unincorporated debtors, such as individuals and partnerships:

• Owners: A proprietor of a business.
• Partners: All general partners of a partnership.
• Persons who hold themselves out as owners: Anybody who claims to be an owner with you when completing credit applications or placing orders with your company.

For incorporated debtors, such as corporations and LLCs:

• Owners of startups: If a debt is owned by a new business, check to see if the corporation was formed at the time of your transaction. If not, for transactions that occur before incorporation, the business should be treated like a partnership.
• Owners of expired entities: If an incorporated business allows its corporate status to expire prior to the dates of your invoices, you can treat the business like a partnership. For example, your customer, Jones Company, Inc. allows its charter to expire in June of 2006 and your invoices are dated 2007 through 2009.

Learn more in our latest article.

Start with Michigan Collection Services

No matter what you need help with, the Mullers are here to walk you through the legal collections process. There are no dumb questions, so don’t be afraid to reach out! If you’d like to know more about using our Michigan-based collection services, call 248-645-2440 or submit an online contact form.

When You Sue Your Debtor, Who Counts as a Defendant?

When you file a lawsuit, include as defendants all people who may be responsible for paying a debt.
Review your credit file for helpful information. It’s best to add all defendants at the beginning of a lawsuit, right when things get going, so that you can get them all served with copies of the lawsuit and reduce the chances for the litigation to drag it out. Among those defendants that should be named are:

• Guarantors: All personal guarantors or co-sureties liable as a matter of contract.
• Successor companies: Companies that have taken over the operations of your debtor, with no significant changes in ownership, capitalization (investment), or other aspects of the business (such as location, phone number, or inventory). For example, your debtor is Sam’s Bike Shop, since renamed as Sam & Sally’s Bike Shop but remaining under the same ownership.
• Issuers of bad checks: Persons or companies that have written checks for payments to you that have failed to clear the bank.
• Individuals who are liable as a matter of law: For example, your state may have a law that holds individuals or companies responsible for certain types of building contract violations, such as taking money from homeowners but not paying suppliers and subcontractors with that money.
• The principal to a contract: Sometimes the person who signs the contract is an authorized agent or employee, and not the person who’s ultimately responsible for payment under the contract. If the principal is undisclosed, you should go ahead and name the agent.
• Beneficiaries of fraud: If the debtor has transferred property or other assets out of his own name to try to hide the assets from creditors, your state’s fraudulent conveyance laws may allow you to sue the recipient of the property.

Learn more in our latest article.

Start with Michigan Collection Services

No matter what you need help with, the Mullers are here to walk you through the legal collections process. There are no dumb questions, so don’t be afraid to reach out! If you’d like to know more about using our Michigan-based collection services, call 248-645-2440 or submit an online contact form.

Dealing with Problem Checks, Part 2

How do you do business with a customer whose check has bounced?

If your customer admits the check isn’t going to clear, even if you deposit it a second time, tell them to send a cashier's check or drop off cash. They can contact an overnight courier (such as UPS or FedEx) and instruct it to pick up the cash or cashier’s check at the appointed time. When you employ a courier, a cashier’s check is preferable to cash.

Don’t forget to tell your staff about the change in the customer’s credit status: anybody who interacts with the offending customer, both at the sales desk and in the credit department, must know that the customer is on cash or its equivalent only.

When a customer makes good on a bad check, you may choose to be forgiving, but only the first time. A repeat offender should be notified that their checks will no longer be accepted. Restrict repeat offenders to cash, money orders, or cashier’s checks.

Read more in our latest article.

Customer refusing to pay? Get help from a Michigan collection service!

If you’re fed up with a customer refusing to pay, the Mullers can help. Our collection services are based in Michigan, but we can help you no matter where you are in the U.S. We can even help internationally! For more information, call (248) 645-2440 or submit a contact form here.

Dealing with Problem Checks, Part 1

What do you do if a customer’s check bounces?

Although you’re filled with joy (and maybe a tiny bit of skepticism) when you hear “the check is in the mail,” you know that checks don’t always clear the bank. You must be diligent and monitor the flow of checks through your business. Everybody receives a bad check now and then, but how you handle it can make a big difference in your cash flow and bottom line.

Receiving a bad check isn’t a small infraction. It’s a major breakdown of the financial relationship and in your ability to trust your customer. Because the extension of credit is based on trust, bouncing a check goes to the core of the business relationship.

Communicate with your customer immediately upon receipt of a bounced check. 

Express in no uncertain terms that the check must be replaced with real money within 24 hours, or you’ll take further action.

Read more in our latest article.

Customer refusing to pay? Get help from a Michigan collection service!

If you’re fed up with a customer refusing to pay, the Mullers can help. Our collection services are based in Michigan, but we can help you no matter where you are in the U.S. We can even help internationally! For more information, call (248) 645-2440 or submit a contact form here.

The Importance of Customer Details

Why is it important to know your customer in detail?

When you extend credit, the type of legal entity you’re extending credit to is key to determining how much credit to grant. From a collection standpoint, there’s a huge difference between lending to an individual, sole proprietorship, corporation, or limited liability company. Many business entities, including corporations, provide a significant shield against collections, allowing their owners or shareholders to avoid any personal responsibility for their unpaid debts.

When you evaluate credit applicants, always require a formal credit application. The information your customer provides on its application makes it clear who the applicant is and the nature of the legal entity involved, which, along with other vital information from the credit application, allows you to properly evaluate the prospect. If the customer refuses to take the time to fill out your credit application from, your credit policy should require you or your designee to contact the customer by phone or in person to obtain that information. You can complete the application form yourself and then have the customer verify, sign, and return the form or acknowledge its accuracy in writing. Even an email acknowledgement is fine.

Learn More with Michigan Collection Services

Don’t be afraid to talk to a collections lawyer! The Muller Law Firm can answer questions about any part of the collections process. If you need help with debt collections located in Michigan, call (248) 645-2440 or submit a contact form here.

Know Before You Lend

What does your credit lending process look like?

Before extending credit, you should know what type of legal “entity” your customer has chosen. Identifying your customer is just as important as knowing how long the customer has been in business, how much credit they’re requesting, who they’re purchasing from (“trade references”), and who they’re banking with. Generally speaking, with the notable exception of sole proprietorships (where the business and owner are one and the same), a legal entity may:

1. Have separate assets owned in its name
2. Sue and be sued in its own entity name
3. Insulate its owners from personal liability (except for the general partners of a regular or limited partnership)

Find out the differences in the legal entities you’re selling to so you avoid any misunderstandings as to who owes you the payment. Then make sure you’re extending credit to an entity you actually want to have credit terms.

Learn More with Michigan Collection Services

Don’t be afraid to talk to a collections lawyer! The Muller Law Firm can answer questions about any part of the collections process. If you need help with debt collections located in Michigan, call (248) 645-2440 or submit a contact form here.

The Five Cs of Credit - Part 2

How do you decide whether to give a customer credit or not?

In our last blog, we talked about three out of the five Cs of credit: character, collateral, and capacity. Now we’ll discuss the final two Cs: capital and conditions.

Examining Capital

A company’s net worth is made up of capital that has been paid into it over the years, along with any that has been generated through profitable operations (“retained earnings”). Ideally, you can compare two or three financial statements next to each other to spot trends in net worth. You’re looking for your customer’s net worth to increase each year, meaning that capital is being put into the company—that the company is profitable and is keeping some of its earnings rather than paying them all out of shareholder as salary or dividends, or both.

Reacting to Conditions

An excellent practice to follow when extending credit is to consider the general conditions of your industry, as well as overall economic conditions. Although good customers may pay their bills timely even in poor economic conditions, when industry or general economic conditions take a downward turn you must monitor payment trends for even your best, most reliable customers.

When conditions are good, customers have lots of money and customer demand. Orders are high, and you’re willing to take some additional risk to maximize your profits, so more goods are shipped out on credit terms.

In difficult economic conditions, competition from other companies in your market affects how much risk you’re willing to take. If your goods or services are scarce or unique, you can more easily impose credit terms that better protect your business. The less unique your product, the more you must deal with market pressures that may force you to extend more credit than you’re really comfortable with.

Done Looking for Collection Companies in Michigan?

If you haven’t had luck with other Michigan collection companies, it’s time to partner up with Muller Law Firm! We provide collection services for business-to-business and business-to-client companies, specializing in pre-suit, post-suit, and post-judgment collection.

Fill out a contact form here, or give us a call at (248) 645-2440, to ask questions and figure out your next steps.

The Five Cs of Credit - Part 1

Have you heard of the five Cs of credit?

The five Cs of credit are character, collateral, capacity, capital, and conditions. In part 1 of this blog, we’ll be going over the first three. 

Assessing Character

Whether it’s an individual or a company, your customer exhibits a personality. From a credit prospective, you evaluate your customer’s integrity, particularly in terms of bill paying. Has this customer exhibited integrity in the past? If the customer says the check is in the mail, is it really?

Customers who lack character should be required to provide more proof that they’re worthy of credit. For example, you may require updated financial information every six months or every year or verify their status with outside credit reporting agencies every six months.

Evaluating Collateral

When you take a lien, you stake a claim to certain assets of your customer, and become their “secured creditor.” The property you take the lien against, such as inventory, equipment, or machinery is your collateral. If your customer stops paying its bills, you may pursue the assets that are subject to your lien in order to satisfy their debt.

After you’ve staked your claim to those assets, when your customer stops paying you can either take those items back with the cooperation of your customer or you can seek a court order to take the items back (a process referred to as “claim and delivery” or “foreclosure”) to minimize your losses.

Determining Capacity

“Capacity” is the sufficiency of cash flow to cover debt. The ability of a business to pay debt generally fluctuates depending on budgeting skills and the steady flow of enough cash to cover debts as they mature and become due. Unforeseen expenses can throw a monkey wrench into even the best-laid budgets, so the acid test for capacity is actually whether your customer can generate an adequate cash flow to pay its obligations even with fluctuations in the marketplace, sudden drops in orders from its customers, and similar unexpected difficulties. Part of the answer to this question may lie in the customer’s capacity and willingness to borrow money to supplement cash flow when the purse strings tighten up. What matters to you, though, is whether your company will receive payment even if your customer is having temporary cash flow concerns. 

Done Looking for Collection Companies in Michigan?

If you haven’t had luck with other Michigan collection companies, it’s time to partner up with Muller Law Firm! We provide collection services for business-to-business and business-to-client companies, specializing in pre-suit, post-suit, and post-judgment collection.

Fill out a contact form here, or give us a call at (248) 645-2440, to ask questions and figure out your next steps.

Voluntary vs Involuntary Bankruptcy

Do you know the difference between voluntary and involuntary bankruptcy?

Some bankruptcies are filed by creditors who gang up on the debtor when payments to those creditors are substantially delinquent. This is referred to as an “involuntary petition.” On the other hand, when the debtor files a petition for bankruptcy, that’s considered “voluntary.” Involuntary bankruptcy can occur under Chapters 7 and 11, but not under Chapter 13.

If you need a summary of Chapters 7, 11, and 13 of bankruptcy, read the latest Learn More article on our website.

Navigate Debtor Bankruptcy with Collection Services in Michigan

Is your debtor filing for bankruptcy?

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you are located out of state or out of the country. To protect your creditors’ rights, make use of our collection services in Michigan! Call (248) 645-2440 or submit a contact form for an effective resolution to your collection matters.

Three Common Bankruptcy Chapters

Are you familiar with the three most common types of bankruptcy?

The most common “chapters” (or types) in bankruptcy are Chapters 7, 11, and 13. A simple explanation of each chapter follows:

Chapter 7, straight liquidation: In a chapter 7 bankruptcy, the debtor’s assets are divided into two categories: exempt and nonexempt.

Chapter 11, business reorganization: Sometimes a business that’s in financial trouble will want to try to stay in business, rather than go through liquidation under Chapter 7.

Chapter 13, wage earner bankruptcy: This form of bankruptcy is similar to a Chapter 11 reorganization but is limited to wage earners or nonbusiness entities.

Navigate Debtor Bankruptcy with Collection Services in Michigan

Is your debtor filing for bankruptcy?

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you are located out of state or out of the country. To protect your creditors’ rights, make use of our collection services in Michigan! Call (248) 645-2440 or submit a contact form for an effective resolution to your collection matters.

Your Debtor's Customers as an Asset

Are you struggling to get a debtor to pay?

Your debtor’s customers, or other people/entities who may owe money to the debtor, are an asset that can be used in the collection process. This includes: 

• Accounts receivable
• Tenants who may owe rent
• Insurance companies who may owe money for claims, such as any fire damage or flood losses
• State taxing authorities who may owe a tax refund (if permitted in your state; federal tax refunds are off limits)
• Purchasers of your debtor’s business who may still owe money on the purchase prior

When building a list of your debtor’s assets, include anything that appears to be a possible source of money. If you can identify enough assets to make you reasonably sure you’ll be able to collect the money owed to you, great! If not, consider scheduling a creditor’s examination. 

Stop the Struggle with a Michigan Debt Collection Law Firm

Do you need help with any of the steps above?

The lawyers at Muller, Muller, Richmond & Harms P.C. can help. Contact an expert Michigan debt collection law firm by calling (248) 645-2440 or submitting a contact form here.

Building a List of Your Debtor's Assets

Do you know how to build a list of your debtor’s assets?

When your debtor isn’t paying, you need to pursue his assets to collect your judgment. After you have a list of his assets, you can proceed with strong collection actions, including garnishment and “execution” (seizure and sale of a defendant’s assets). Start building your list by scouring your collections file for information you already have about the debtor, including:

• Home and business addresses
• Bank references
• Information about significant assets, such as real estate, vehicles, and watercraft
• Place of employment (if the debtor is an individual)

Have Questions? Call a Michigan Debt Collection Law Firm

Do you need help with any of the steps above?

The lawyers at Muller, Muller, Richmond & Harms P.C. can help. Contact an expert Michigan debt collection law firm by calling (248) 645-2440 or submitting a contact form here. 

Reviewing Credit with Clients

How often do you review credit information with your clients?

If a customer won’t take the time to fill out a credit application, and you choose to extend credit to the customer anyway, you can protect yourself. Make sure you interview that customer to obtain the information you need to determine creditworthiness and to use as a resource if the customer’s paying habits deteriorate. If you interview the customer by phone, keep a recording of the call (but be sure you can legally record the call under the laws of your state), or write the answers down on your standard credit application and add the completed document to the client’s credit file.

The information your customer provides is valuable when making credit determinations, but that information can be one-sided, as your customer may choose not to share unflattering information about themselves. Perhaps they conveniently forgot to mention tax liens against their assets, or maybe they “don’t remember” that they previously filed for bankruptcy protection. To balance out the possibility that some information may be false or exaggerated, obtain documentation from other sources for the purpose of verification, such as a credit report.

Problems often arise when you act without enough information to accurately assess creditworthiness. If you enforce your credit policies and get the documents you need now, you avoid problems later.

Experience Professional Collection Services in Michigan

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you are located out of state or out of the country. To protect your creditors’ rights, make use of our collection services in Michigan! Call (248) 645-2440 or submit a contact form for an effective resolution to your collection matters.

Keeping Notes on Credit Clients

Do you keep thorough notes on your credit customers?

You can help keep the odds in your favor by insisting on good documentation throughout the credit and collection process. Good documentation begins with a credit application, which is required before your first sale on credit to any customer.

Beyond requiring credit applications, you should periodically review credit information for all your customers. Depending on your industry and your history with the customer, you might review credit information every six months or once a year, but even with established customers, you don’t want to go beyond a two-year review schedule. In between reviews, update your customer’s credit data whenever you come across new relevant information. Have your customers complete a new credit application or make appropriate additions and deletions to the old one.

You can avoid a lot of difficulties with defaults if you monitor your clients for changes in their business and financial health. For example, if you find out that a customer’s business has new ownership, or that the owners have formed a new but similar company, it may be time to thoroughly recheck that customer. Sometimes your clients really don’t want you to find out about changes, and that’s a reason in and of itself to recheck them.

Get Results with Collection Services in Michigan

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you are located out of state or out of the country. To protect your creditors’ rights, make use of our collection services in Michigan! Call (248) 645-2440 or submit a contact form for an effective resolution to your collection matters.

Detouring Around the Disconnected Phone

What could possibly be worse than voicemail jail? A disconnected phone! In business, a disconnected phone is usually the kiss of death for your collections. It can be a major frustration, but the phone may not be the only way to communicate with your customer. Possible quick solutions include:

• Emailing – Look for an email address on the customer’s credit application, letterhead, purchase orders, or website.
• Faxing – Sometimes even when the phone isn’t working, the fax machine still works. A fax number may also appear on a letterhead, websites, or credit applications.
• Texting – Even if your debtor’s voice mailbox is full, your contact may still accept a text message.

Muller Law Firm Specializes in Debt Collections in Michigan

If you need help settling a debt owed to your business by a debtor in Michigan, contact an experienced attorney who handles debt collections in Michigan. 

Let our experts handle all the work for you! Fill out the information form on our “Contact Us” page, or give us a call at 248-645-2440, to ask questions and figure out your next steps. Don’t let the money owed to you go away – get started today! We look forward to hearing from you.

When to Visit Your Debtor in Person

Is your debtor hard to contact?

Are they avoiding your calls?

Has their phone been disconnected?

The next step to contacting your debtor is to show up at their doorstep. Visiting your debtor may result in meaningful face-to-face communication, but there are potential drawbacks:

• The debtor is gone – Sometimes the debtor’s address is no longer valid, and driving to the location is a waste of time. Still, if you’ve made the trip, check to see if the business has moved.  Go next door and see whether the neighboring house or business has any information that may help you find the debtor.
• Angry confrontations – Upon arrival, rather than getting paid, you may discover that the debtor prefers to engage you in a verbal or physical battle. Leave if the situation escalates.

Muller Law Firm Specializes in Debt Collections in Michigan

If you need help settling a debt owed to your business by a debtor in Michigan, contact an experienced attorney who handles debt collections in Michigan. 

Let our experts handle all the work for you! Fill out the information form on our “Contact Us” page, or give us a call at 248-645-2440, to ask questions and figure out your next steps. Don’t let the money owed to you go away – get started today! We look forward to hearing from you.