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Small Business Debt Collection Law Cheat Sheet
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% sure 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% accurate.
* 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/?%20debt%20collection%20law [Publish this article on your website! Requirement: make live link for above URL/web address with link text/anchor text: "debt collection law" OR leave this bracketed message intact.]
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Advertisements Promising Debt Relief May Be Offering Bankruptcy |
Cautions consumers about ads in newspaper, magazine and telephone directories that offer quick fixes for debt problems. |
www.ftc.gov |
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Welcome to Debt Relief International |
Welcome to the web site of Debt Relief International. |
www.dri.org.uk |
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Debt relief steps, your free guide to debt help. |
Articles on debt relief, and credit management and repair. |
www.debtsteps.com |
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Factsheet - Debt Relief Under the Heavily Indebted Poor Countries ... |
The HIPC Initiative is a comprehensive approach to debt reduction for heavily indebted poor countries pursuing IMF- and World Bank-supported adjustment and ... |
www.imf.org |
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Special report: debt relief | Special reports | Guardian Unlimited |
February 6: A year ago the Guardian set out to track the west's promises of action for Africa on aid, trade, health and debt relief. As G8 finance ministers ... |
www.guardian.co.uk |
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Debt Relief Options - Findlaw for the Public - |
Welcome to Debt Relief Options. This section contains information about the ... To begin, select one of the Debt Relief Options topics from the list below ... |
bankruptcy.findlaw.com |
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William Brewer |
The Brewer Law Firm. William E. Brewer, Jr., Attorney at Law Board Certified Consumer Bankruptcy Specialist. 619 N. Person Street Raleigh, NC 27604 ... |
www.debtrelief.com |
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Debt Relief - InCharge Debt Solutions |
There are many ways to get out of debt, for good, and it may be easier than you think. The first step is knowing your options, the second step is taking ... |
www.incharge.org |
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Economic Policy and Debt |
May 2006, IMF And World Bank Support Cameroon’s Completion Point Under The Enhanced HIPC Initiative And The IMF Immediately Grants 100 Percent Debt Relief ... |
www.worldbank.org |
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Economic Policy and Debt - The Enhanced HIPC Initiative |
The Initiative’s debt-burden thresholds were adjusted downward, which enabled a broader group of countries to qualify for larger volumes of debt relief. ... |
www.worldbank.org |
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Debt relief - Wikipedia, the free encyclopedia |
Debt relief is the partial or total forgiveness of debt, or the slowing or stopping of debt growth, owed by individuals, corporations, or nations. ... |
en.wikipedia.org |
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Debt Analyzer, Debt Reduction Software, Home Page |
Debt Elimination at its best! Potential savings of hundreds or thousands of dollars! Build debt reduction, timed elimination or consolidation schedules. |
www.debtanalyzer.com |
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Superior Debt Relief |
We help you get rid of credit card debt much faster than you may believe possible with credit card debt settlement and negotiation tactics, providing debt ... |
www.superiordebtrelief.com |
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Debt Relief - Social and Economic Policy - Global Policy Forum |
Aid Inflows, Debt Relief Yet to Translate into Reduced Poverty (March 20, 2006) ... Fearing that the IMF could tie debt relief to economic benchmarks, ... |
www.globalpolicy.org |
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Debt Relief - Global Policy Forum - Social and Economic Policy |
Debt Relief - Global Policy Forum - Social and Economic Policy. The Debt Relief Page Has Been Moved to: ... |
www.globalpolicy.org |
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BBC NEWS | Business | Q&A: African debt relief |
BBC News looks at the progress of international debt reduction efforts, and the sticking points which continue to hamper the process. |
news.bbc.co.uk |
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Debt Relief Australia - Start Reducing Debt Today! |
Debt Relief offers Australians in debt assistance with finding the most appropriate debt relief solution. |
www.debtrelief.com.au |
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Debt Consolidation Australia, Debt Relief & Bankruptcy Information |
Specialising in debt agreements, mortgage refinancing and bankruptcy. Company profile, calculators, solutions, media releases, testimonials and existing ... |
www.foxsymes.com.au |
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Oxfam - Debt and Aid - Debt Relief for Nicaragua: breaking out of ... |
Oxfam policy paper on relationship between international debt servicing and poverty. Linked to table of contents and also zipped for download. |
www.oxfam.org.uk |
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What debt relief means for Africa | csmonitor.com |
This weekend's $40 billion debt cancellation deal could spark major improvements in the lives of the world's poorest people. |
www.csmonitor.com |
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