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.

Staying Professional when Calling Debtors

What’s appropriate to say to a debtor when trying to collect?

When you’re trying to collect money, positive comments and professionalism can go a long way. Particularly for consumer debts, you need to be careful about legal restrictions on when and how you make contact. For example:

• 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.

The FDCPA and other consumer laws limit the times of day for collections calls, limit the number of times a call may be placed, restrict the people who can be contacted about a debt, restrict what you can do if you’re asked not to call again, and the list goes on. Mistakes can get you sued.

Get more tips for calling debtors in our latest article.

Learn More from a Trusted Michigan Debt Collection Expert

Have questions about Michigan debt collection, or ready to file a claim? Reach out to the Mullers at (248) 645-2440 or submit a contact form here. If you need a second opinion, check out reviews from our clients!

Contacting Debtors via Phone

What’s the best way to get ahold of a debtor?

Although many technologies exist for instant communication, the telephone is still one of the best. A phone call gives you direct and instant communication with no gaps in time. If you reach the desired person on the other end, they can’t complain about missing messages or e-mails. 

Used properly, the telephone can get you paid in many instances where other forms of communication may not. It’s not just a matter of timing. The manner in which you represent yourself and your company can make a big difference in whether your collection call succeeds or fails.

Perfecting Your Telephone Voice

Develop a “telephone voice” that is a bit slower, lower, and louder than your normal voice. This isn’t to be exaggerated. Your telephone voice helps you pace the conversation while allowing your debtor to clearly hear every word you say.

Getting the Correct Person on the Line

The person who answers the phone may not be the person you want to speak with. Use your credit application or other information from your credit file to ask for a specific person who you know has the authority to pay you. When you’ve reached the point of making collection calls, you only want to speak with a person you know to have the actual authority to write a check and put it in the mail right now. After the right person is on the phone, give your name and the name of your business and make a specific request for money.

Get more tips for calling debtors in our latest article.

Learn More from a Trusted Michigan Debt Collection Expert

Have questions about Michigan debt collection, or ready to file a claim? Reach out to the Mullers at (248) 645-2440 or submit a contact form here. If you need a second opinion, check out reviews from our clients!

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.

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.

Is Your Debt Collection Lawsuit Being Contested?

Waiting for your defendant to answer your lawsuit?

If the defendant files an answer to your lawsuit, the court clerk places the case on the court’s trial docket. You receive a copy of the answer either from the civil clerk or directly from the defendant.

Even if the defendant starts out by contesting the case and denying your claim for payment, he or she can pay you off and obtain a dismissal or propose a partial settlement or repayment agreement at any point along the way. To facilitate a settlement, some courts can provide a standard order for installment payments that you may complete and file to settle your case.

Learn more!

Take the First Step! Contact an Attorney for Debt Recovery in Michigan Today!

If you need the help of an attorney for debt collection in Michigan your first step is easy! 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. We offer a free consultation and strategy meeting, no fees unless you win! Don’t let the money owed to you go away – get started today! We look forward to hearing from you.

Get The Money You're Owed Today with Help From Muller Law Firm

Having trouble collecting?

Need advice from a debt collection attorney?

After you’ve taken the actions defined by your collection policy and your debtor still hasn’t paid, you shift into collection mode. If your debtor still doesn’t pay, you may need to seek legal help from our debt collection attorneys in Michigan.

Muller, Muller, Richmond, & Harms, P.C. can help you get the money you’re owed. You expect results and we expect results! We’ll handle your case with the professional attention it deserves and we’re prepared to use all our options to collect your overdue debts. 

Learn more here!

Make the First Step! Contact an Attorney for Debt Recovery in Michigan Today!

If you need the help of an attorney for debt collection in Michigan your first step is easy! 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. We offer a free consultation and strategy meeting, no fees unless you win! Don’t let the money owed to you go away – get started today! We look forward to hearing from you.

Failing to Act Timely to Place the Account for Collection

 

If you have good collection policies, they should include time frames in which to take certain actions, including these:

1. Following up with demand letters requiring payment when an account balance becomes delinquent.
2. Following up with collection phone calls when demand letters don’t produce payment.
3. Immediately following up with the debtor when the debtor doesn’t keep promises to make a payment.

Learn more here!

Make the First Step! Contact an Attorney for Debt Recovery in Michigan Today!

If you need the help of an attorney for debt collection in Michigan your first step is easy! 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. We offer a free consultation and strategy meeting, no fees unless you win! Don’t let the money owed to you go away – get started today! We look forward to hearing from you.

Don’t Over-Garnish Your Defendant!

You don’t want to over-garnish a defendant, and you can get into trouble if you collect more than you’re owed. So if the combined garnishments have the effect of over collecting the account, file a garnishment release form with the court and provide a copy to each garnishee.

It’s also possible to accidentally attach funds that don’t really belong to your debtor or only partially belong to her (such as money in a joint bank account). As a result, you may be required to release part or all the funds to their actual owner. 

Learn more here!

Take the First Step! Contact an Attorney for Debt Collection in Michigan Today!

If you need the help of an attorney for debt collection in Michigan your first step is easy! 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. We offer a free consultation and strategy meeting, no fees unless you win! Don’t let the money owed to you go away – get started today! We look forward to hearing from you.

How to Issue Multiple Garnishments at the Same Time

Unless the court where your judgment was entered has a limitation, you may seek multiple garnishments against the same debtor. For example, you know where the debtor works and where he or she has a savings account, so you issue both a wage garnishment and a bank garnishment at the same time.

When using garnishments, it’s helpful to have someone who’s familiar with the garnishment process available to answer your questions in case of a problem or complication.

Learn more here!

We Specialize in Debt Collection in Michigan!

At Muller, Muller, Richmond, & Harms, P.C., our attorneys specialize in debt collection in Michigan. We can help you build a strategy customized to fit your business needs. We want to ensure you receive the best possible outcome in pursuing your case. 

Since 1961, our top-rated lawyers have been dedicated to professionally and aggressively pursuing the money you’re owed in a straightforward, ethical manner. 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.

Call us at 248-645-2440 for a free initial consultation and strategy meeting!

How to Deal with the Elusive Customer

After your customer’s paying habits deteriorate, he or she may become elusive and avoid communication. Rather than picking up the phone and discussing the account, he or she may let your calls go straight to voicemail and won’t return them. On occasion, you may find that your customer’s voice mailbox is full and can accept no further calls. 

Elusion is a red flag. Put your customer at the top of your list for monitoring payments and exercise extreme caution when considering any further credit.

Learn more about how to deal with elusive customers here.

Make the First Step! Contact an Attorney for Debt Recovery in Michigan Today!

If you need the help of an attorney for debt collection in Michigan your first step is easy! 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. We offer a free consultation and strategy meeting, no fees unless you win! Don’t let the money owed to you go away – get started today! We look forward to hearing from you.

Get Creative When it Comes to Communicating with Your Debtor

The phone may not be the only way to communicate with your debtor. Possible solutions might include:

1. Show up on the debtor’s doorstep – Visiting your debtor may result in meaningful face-to-face communication, but there are potential drawbacks. Your debtor could have moved, or upon arrival rather than getting paid you may discover your debtor prefers to engage in a verbal confrontation.
2. Email – Look for an email address on the customer’s credit application, letterhead, purchase order, or website.
3. Fax- Sometimes even when the voicemail is down, the fax machine still works. A fax number may also appear on a letterhead, website or credit application.
4. Text- Even if the voicemail is full, your contact may still accept a text message.

Make the First Step! Contact an Attorney for Debt Recovery in Michigan Today!

If you need the help of an attorney for debt collection in Michigan your first step is easy! 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. We offer a free consultation and strategy meeting, no fees unless you win! Don’t let the money owed to you go away – get started today! We look forward to hearing from you.

How to Determine Your Litigation Strategy

If you can’t get paid any other way, it may be time to consider collecting through a lawsuit. Before you jump straight into court, however, get things right by considering the following:

1. The strengths and weaknesses of your claim, and whether you need to settle for less than you want or write off the debt.
2. Whether you should file a lawsuit or instead consider alternative dispute resolution.
3. Who you should name as a defendant in your collections case.
4. What legal theories you should raise against the defendants.

Your goal is to devise the best strategy, right from the start, to achieve the best possible result. 

Take the First Step! Contact an Attorney for Debt Recovery in Michigan Today!

If you need the help of an attorney for debt collection in Michigan your first step is easy! 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. We offer a free consultation and strategy meeting, no fees unless you win! Don’t let the money owed to you go away – get started today! We look forward to hearing from you.

Situations that May Require a Write Off

Does your situation require a write off?

Let’s find out!

Our experienced debt collection attorneys in Michigan recommend writing off a debt if your debtor falls into any one of these categories:

1. Out of business customers
2. Debtors who can’t be found
3. Customers in bankruptcy or receivership
4. Claims on a deceased debtor’s estate

However, every case is different! Please talk to an experienced debt collection attorney in Michigan today to ensure nothing else can be done.

Make the First Step! Contact an Attorney for Debt Recovery in Michigan Today!

If you need the help of an attorney for debt collection in Michigan your first step is easy! 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. We offer a free consultation and strategy meeting, no fees unless you win! Don’t let the money owed to you go away – get started today! We look forward to hearing from you.

At What Point Does It Make Sense to Write Off the Debt?

Do things look bleak for your debt collection efforts?

Have you determined that the debts owed to you are uncollectable?

You can pursue debts owed to you up to a point. You can use your knowledge and instincts, along with advice from experienced debt collection attorneys, to determine the point at which you must write off the debt so you can return your focus to your paying customers.

Read more here!

Need a Reputable Attorney to Represent You?

We’ve tracked down overdue accounts, winning many settlements for our clients along the way. We handle your case with the professional attention it deserves and we’re well prepared to use all our options to collect your overdue debts.

Call us at 248-645-2440 for a free initial consultation and debt collection strategy meeting!

Simple Steps to Minimize the Impact of NSF Checks

Did you receive a check that bounced?

Were there nonsufficient funds?

How can you minimize the impact of nonsufficient fund checks?

With a few simple steps you can minimize the incidence and impact of NSF checks and the associated “bad check” fee from your bank. Follow these rules:

1. Deposit checks as soon as they arrive
2. Anticipate NSF checks
3. Know your customer 

Learn more here!

Take the First Step! Contact an Attorney for Debt Recovery in Michigan Today!

If you need the help of an attorney for debt collection in Michigan your first step is easy! 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. We offer a free consultation and strategy meeting, no fees unless you win! Don’t let the money owed to you go away – get started today! We look forward to hearing from you.

Don’t Be Tricked by Special Wording on Checks!

Don’t sign below the endorsement line unless you want to accept the check in full settlement. Although you may be tempted to endorse the check and deposit it, if you’re owed $1000 and you only received half of the amount, you could cost yourself the outstanding balance.

Need a Reputable Attorney to Represent You?

Established in 1961 by John F. Muller, Sr., we continue to insist on total quality as the guiding principle of our business. We constantly review and update our procedures as we seek new ways of working for our clients.

We’ve tracked down overdue accounts, winning many settlements for our clients along the way. We handle your case with the professional attention it deserves and we’re well prepared to use all our options to collect your overdue debts.

Call us at 248-645-2440 for a free initial consultation and debt collection strategy meeting!

Avoid Problems with Special Wording on Checks

You probably never considered a check to be two-dimensional. It’s just a piece of paper, and all that matters is that the information is filled out on the face of the check, right? Not so fast!

You need to watch out for special language that may appear on customer checks, for example:

“Paid in full”

“In full settlement”

“Full and final payment”

Learn more here!

We Specialize in Debt Collection in Michigan!

At Muller, Muller, Richmond, & Harms, P.C., our attorneys specialize in debt collection in Michigan. We can help you build a strategy customized to fit your business needs. We want to ensure you receive the best possible outcome in pursuing your case. 

Since 1961, our top-rated lawyers have been dedicated to professionally and aggressively pursuing the money you’re owed in a straightforward, ethical manner. 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.

Call us at 248-645-2440 for a free initial consultation and strategy meeting!