The Best Time For Collection Agencies
You should use a collection agency when -
• you know the debtor has the ability to pay
• the debt is due
• there are no announced reasons for not paying
A debt collection agency will approach the issue through a multi-stage writing
campaign which can be effective, if occasionally slow, but it may not lead to
recovery when -
• the debtor has or thinks he or she has a defense
• the amount owed is disputed
• there is an unrelated adverse claim
• the debtor's solvency is in doubt or there is the possibility of bankruptcy
• there is security to recover or a possible prejudgment remedy
If any of these circumstances occur, the creditor should for their own legal
protection retain control of critical decisions such as if and when to litigate,
what attorney to retain and any other decisions made prior to or during
litigation. This is particularly important where the creditor has a long term
interest in retaining the customer as his client. Not retaining control of
critical decisions and proceeding without the advice of an attorney could leave
the creditor open to adverse legal liability.
The option exists where this is not the case and the creditor is not interested
in the outcome of a debt collection, beyond getting his money, to sell the debt
to a debt buyer.
