There are few occupations with less public prominence than that of the debt collector. Some see these organizations as those that pop up on our caller ID as “unknown” or the shady shadowy figures in the dark alley getting ready to shake them down for owed cash.
These visages, however, are more stereotypical fiction than having any basis, in reality, these days. There are individuals and organizations out there that do commit to these kinds of methods, but more often than not they are hardly representative of an actual debt owed.
With the cultivation of the FDCPA or Fair Debt Collection Practices Act, it is illegal for debt collectors to harass their debtors using any immoral means to collect on outstanding debts. Certainly being contacted by a collector can be an uncomfortable feeling for a debtor, but at the same time, companies that have lent capital or services with no return on their investment are sure to feel negative about the ordeal as well.
Modern life is hard, and with instability in the financial market debt issues are becoming far too common in the United States. Business owners do have the right to reclaim their list debts, and though it would be nice if everyone was able to pay their bills on time, sometimes more serious and elevated action is necessary.
Initial Steps before Professional Intervention
Before any action is taken, the important thing to do is attempt to reclaim the debt through any other resource options that you may have. As a business owner, you can immediately enlist the aid of a debt collection company, but this isn’t necessarily a prudent idea as not will this come off as an overly-aggressive move, but there are some negatives that come along with hiring a traditional debt collection agency.
Debt collectors operate on fees and percentages of the overall debt owed if they’re able to secure payment, and depending on the amount that you’re to reclaim, this may or may not be advantageous when everything is all said and done. Sometimes it just isn’t in the best interest of your company to sacrifice this time and overhead to recollect the debt.
Many times, when attempting to reclaim the debt on your own, you will end up taking the necessary steps that a debt collection agency would anyway in the form letters, phone calls, restructuring payments, and even discounting some of the debt to get at least some return on what is owed to you. The important thing to remember is to remain polite throughout, escalating the situation when necessary, but always with professionalism. Do this and you have a severely increased chance of a positive return and inevitable resolution.
Do I Hire a Lawyer or a Debt Collection Agency?
You’ve gone through the process of writing letters and making phone calls but to no avail. Your debt still has not been repaid, and you feel that it is time to enlist the services of a legal professional. The question is though “Do I hire an attorney at law or a debt collection company?” There’s really no set standard in place for reclaiming a debt as a company, and many choose to proceed to their own set of standards and practices.
Collection agencies are very equipped in the reclaiming of debts with automated systems designed to follow up with debtors over the phone, and traditional print. There are also several companies available that you will undoubtedly be able to find one that is not only experienced but properly suited to handle the specific size and type of debt that you’re attempting to reclaim.
Regardless of which direction you’ll ultimately choose, it is still always a good idea to consult with a corporate law attorney. Even if you decide to go down the path of hiring a debt collection agency, an attorney at law can advise you on whether pursuing the matter in civil court or other alternatives are the best course of action in your particular case.
When enlisting the aid of a corporate debt collection lawyer they will send out demand letters on your behalf on legal stationary. This sounds like a minute thing, but oftentimes this type of correspondence from a practicing legal professional can display the seriousness of the issue, and motivate debtors to repay the debt. After all, no one wants to end up pleading their case with a judge.
Furthermore, if electing to hire an attorney it could be inevitable that you send your case to court. A court battle is something that you need to prepare yourself for, as no matter the cause or type of debt that is owed to you, sometimes this is the only way that you will ever be able to make yourself whole again.
The Law Offices of Paul A. Humbert P.L.
Paul A. Humbert P.L. and his legal team are one of the many qualified law firms in Miami that represent corporate clients in debt collection and matters of judgment enforcement. If you are a business owner or operator in the South Florida area and are in need of these types of legal services or consultation, The Law Offices of Paul A. Humbert, P.L. can optimize your chances for the recovery of your owed debt. We cultivate strategies for our clients that are cost-conscious and maximize your chances of debt recovery. Not all debtors are bad people, but our firm understands that good or bad, your business still has the right to recovery when it comes to what is owed to you.