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Informative Articles

25 Top Reasons Why Businesses Fail
Starting a business, whether it be from home, or in an office somewhere, may sound like the perfect solution to your working blues, but unless you’re committed to making it work, you can find yourself on the losing end real quick. Businesses fail...
"As Seen Online" -- Local Businesses Finally Figure Out the Internet (and Newspapers, Yellow Pages May Feel the Pinch)
A catering company in a suburban Connecticut town eliminates its Yellow Pages advertising, which once ran to $12,000 a year, in favor of promoting its website. For a growing number of small businesses, local Internet marketing is proving cheaper,...
Is Incorporating Your Small Business Best For You?
There comes a point in time when every small business person contemplates on whether to incorporate their business or not. A lot of times small businesses start out sole proprietorships, and then become incorporated as the business expands...
Small Investment, Big Returns
Many people want to start their own businesses, but due to lack of capital they then decide to stay with the safer option and work until they retire. But, what if there was another way to start a business and build this business part time until...
What Small Business Owners Could Learn from the Complaints of Their Customers and Employees
Listening to complaints, whether they're reasonable or not, is a part of every small business owner's job. Sometimes complaints can be overwhelming. However, when we take them in stride with an open mind, we can learn much from our employees' and...
 
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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A nonprofit association dedicated to encouraging the formation, growth, and success of small business nationwide through counseling and mentor programs.
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