If you are a small business owner seeking payment from an overdue account or unpaid invoice, you may be left wondering how to get paid. You’re entitled to the money but could be unsure what steps you can take or just how far you can press things. Plus, you don’t want to run afoul of debt collection laws or ruin your otherwise good reputation by exceeding legal or ethical boundaries. Understanding what measures, you can take is the first step towards settling outstanding debt.
Most likely, the debt you’re owed is money agreed to be paid by a customer, for some goods or services, that aren’t forthcoming. As a creditor, you may send demand letters outlining what you’re owed and when it must be paid, as well as make follow up phone calls to the indebted individual or business. This also provides proof that adequate notice of payment terms was provided in the event of non-payment. It might seem ineffective, but it’s part of the overall debt collection process and important to remind debtors that you are determined to collect debt owed.
However, if the debt in question is a loan or an installment payment plan, it may be the case that this qualifies as a ‘secured transaction’. In essence, the customer, as a borrower or debtor, puts up some property against the repayment of the loan as collateral and if they fail to pay back the loan on time or in full, the creditor can take that property as payment.
For example, a customer buying a vehicle would either take a loan with the bank or the car dealer. In the case of an installment plan, often used for home furniture, the item purchased can be repossessed, which again may provide the business an alternative to collecting the money. It’s a collateral system that we’re all familiar with but as a business owner who has extended this type of secured transaction credit likely using legal contracts, seeking advice on the specific steps from a lawyer for recovery is advisable.
It’s worth noting that, when pursuing debts, small businesses aren’t bound by the Fair Debt Collection Practices Act, which governs what measures debt collection agencies and debt-purchasing firms are able to employ in seeking repayment from debtors. Not being bound by law doesn’t mean that a business should feel free to engage in otherwise unethical behaviors; instead, you should seek to find means that are fair while still assertive in their approach.
If your debt collection letters and calls are not effective, you also have the right to take legal action. Hiring a debt collection lawyer can potentially help you avoid having to go to court to collect in the first place. However, should the issue prove unsolvable, a lawyer can guide you through the court process and work the case while you continue to manage day-to-day business. Your lawyer can seek several remedies:
A small claims court case is likely not the ideal outcome for any party, which should serve to motivate both parties to find a resolution before the matter escalates to that level. Just as you’re within your rights to demand immediate full payment, you can also choose to work with clients that are willing to pay but are currently unable.
Partial payment or payment in installments is better than nothing, and preferable to a long, drawn-out court battle, if possible. Obviously those customers skipping out on invoices require a firmer hand and the threat of legal action, but it might not be the case that every past-due bill is because of malfeasance and not business or cash-flow problems.
Outstanding invoicing is a concern for any business, and particularly for those without the budget to withstand the loss of income that should otherwise be there. Fortunately, you have rights and options when it comes to collecting on debt to ensure that you get what you’re owed, even if you have to go to court. Not every business is sure where to start when it comes to debt collection, or what the right steps to take are. Small business debt collection plans start at $49 a month
Written and maintained by the LegalShield content team, covering legal and identity protection topics for individuals, families, and small businesses.
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