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Small Business Debt Collection Laws
by: Steve Austin
In your will eventually become important, as your debt grows and some clients do not pay. To collect small business debts legally, you must send a written notice that collections have begun, within five days of first contacting the debtor for collections. The letter must include dispute instructions.

Small Business Debt Collection Laws Forbidden Practices…

-Collect any amount beyond the actual debt, unless you really can do so legally.

-Continue collections on a debt if the debtor has disputed the debt, unless you provide the debtor with written proof.
Continue contacting the debtor if within 30 days of first contact, the debtor disputes the debt.

-Credit a payment the debtor has made to a non-disputed debt to a debt the debtor has disputed.

-Deposit a post-dated check before the post-date.

Small Business Debt Collections Laws: What You Can't Say

- Give a false name.
- You are an attorney or government representative, if you are not.
-You have an attorney working for you or that you are going to assign the case to an attorney, if you really do not.
-The debtor has committed a crime, unless you are 100 ure they have.
-You work for a credit bureau, if you really do not.
-The debt is more or less money than it actually is.
-You are sending or have sent legal forms when you really did not.
-You are sending or have sent papers that are not legal forms, if they really are legal forms.
-The debtor will be arrested--no one is arrested for nonpayment of debts anymore.
-You will seize, garnish, attach, or sell the debtor's property or wages, if you do not really intend to or cannot legally do so (and unless the debt is secured with collateral, you probably cannot).
-You will sue or take other legal action, if you do not really intend to, or are not legally able to do so.

Small Business Debt Collection Laws Forbidden Third-Party Disclosures

Never:

1) Give any credit-related information that is not 100
ccurate.
2) Tell anyone other than the debtor that you are collecting a debt.
3) Telephone any number other than debtor's more than once.

Small Business Debt Collection Phone Calls

Never:

-Call after 9 pm or before 8 am.
-Forget to give your name and your company's name.
-Call repeatedly or in a way intended to annoy.
-Make a collect call.
-Make any threats.
-Use profane or obscene language.
-Leave a message that reveals this is a debt collection.

Small Business Debt Collection Mailing

Never send:

-Postcards.
-Envelopes or mailings with any reference to debt collection on the exterior.
-Anything that looks like an official, legal, or government document, if it is not.

These simple small business debt collection laws guidelines should help stay with the collection laws.

About the author:
Free debt collection laws information at http://www.debt-collection-laws.com/


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 Legal Debt Collection Tricks
 by: Steve Austin

If a customer owes your local business money, it's hard not to feel angry, like you want to do anything possible to get your money back. But the days of going all out to collect on a debt over.

The Fair Debt Collection Practices Act, designed to protect consumers from harassment or intimidation, sets firm limits on what you can do to collect a debt from a consumer. The federal debt collections law even prohibits practices that were once standard, and that you might not consider harassment at all.

Besides, as a local business, you have an even more powerful reason to be especially careful about legal debt collection issues. You have something much more valuable at stake than a lawsuit: your business's reputation in the community.

Legal Debt Collection Best Practices:

There are plenty of articles on the web that lay out in plain English what the Fair Debt Collections Practices Act says you can and cannot do. Just to give you some idea of the law's requirements, here are some of the biggest:

- No telling any third party about the debt (except collection bureaus, collection agencies, or the debtor's attorney).

- No calling on the telephone 9 pm - 8 am, or calling repeatedly in a way that is annoying.

- No postcards or envelopes that mention the debt.

- No threats to take actions you cannot or will not really take, such as seizing property, in the case of an unsecured debt.

- No misrepresenting yourself (e.g., "Hi! This is the Publisher's Clearinghouse Sweepstakes. May I speak to John?").

- No paying down the debt with payments the customer has directed be applied to other debts

Tips and Tricks for Legal Debt Collections:

With all these limits on what you can do to collect a debt, what can you do legally?

- Speak with the debtor personally on the telephone


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