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Small Business Debt Collection Law Cheat Sheet
by: Joel Walsh
In your small business debt collection laws will eventually become important, as your debt grows and some clients do not pay.

To collect small business debts legally, you must first send a written notice that collections have begun, within five days of first contacting the debtor for collections (for instance, within five days of calling on the telephone). 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:

* Give any credit-related information that is not 100
ccurate.

* Tell anyone other than the debtor that you are collecting a debt.

* Telephone any number other than the 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.

Please note this page is not intended to give legal advice and may not be complete or up to date with the most current collection laws changes.

About the author:
Joel Walsh has written more tips on debt collection law: http://www.debt-collection-laws.com/?debt collection law
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Picking A Small Business Accounting Program
 by: Stephen L. Nelson, CPA

A small business accounting program should accomplish three tasks: track income and expenses, generate business forms, and keep detailed records for other assets and liabilities.

Tracking Income and Expenses

The task of tracking a business’s income and expense is really the most important job of an accounting system. If you own or manage a small business, obviously, you need some tool for measuring your income and your cash flow.

Although checkbook programs like Quicken and Microsoft Money does little more than keep a checkbook, you can actually keep financial records for a business right out of a checkbook. To do this, you simply categorize deposits as falling into some income category. And when you write a check or make some other withdrawal, you categorize expenses as falling into some expense category.

One problem with using a checkbook program, however, is that by using a checkbook program, you are implicitly using cash-basis accounting to track your income and expenses. Cash-basis accounting counts income when you receive a deposit and counts expense when you write a check.

Cash-basis accounting is easy to understand, and that means you are less likely to make errors in implementing it. However, cash-basis accounting is generally too imprecise for more complicated businesses. If you use inventory in your business, for example, cash-basis accounting isn’t very accurate—and the Internal Revenue Service does not allow it.

And there are other circumstances, too, in which cash-basis accounting produces serious and usually unacceptable errors in precision. For example, if you often receive money before you have actually earned it or if you often incur expenses long before you actually have to pay for them, you need to use a more sophisticated accounting program than a checkbook program.

Generating Business Forms

The second task that a small business accounting program should help you with is the generation of business forms. The most common business form is simply a check. Any checkbook program help you do this. Other business forms that small businesses commonly need to produce include invoices, credit memos, monthly statements, purchase orders, and so forth.

If you have a small business with very simple form requirements—perhaps you need only checks—then a checkbook program may work very well for you.

However, if you have extensive or complicated business form generation requirements, a more full-featured small business accounting package, such as Intuit’s QuickBooks, Peachtree’s Complete Accounting, or Microsoft Small Business Accounting will do a better job for you.

If you produce more complicated forms, but you produce these other forms with a word processing program, then a checkbook program may still work for you.

Detailed Record Keeping for Other Assets and Liabilities

The third task that a small business accounting program should help you with is detailed record keeping of your most important assets and liabilities. A checkbook program lets you keep good detailed records of cash, and for some businesses that is the principal asset. But many small businesses have other significant assets and liabilities they need to track, for example, accounts receivables, inventory, and vendor payables.

Whether or not a particular software program’s accounting tools provide adequate asset and liability record keeping depends on the situation. However, no small business accounting program does everything you need it to do. Any accounting program that provides an extensive list of features, by its very nature, becomes a challenge to use. For example, moving to the accrual basis of accounting adds an entire layer of complexity to financial record keeping, and keeping detailed records of inventory adds another layer.

For these reasons, even when a particular program doesn’t do everything you need it to do, your best choice still may be to use the program—and then simply live with its shortcomings.



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