Handling Delinquent Customers: Legal Action and Collection Methods

• Overview

Understand how to take legal action when dealing with delinquent customers to gain a better account receivable status.Many business owners and corporate professionals do not properly address the past due accounts owed to their businesses. They fail to maximize the collection of account receivables and have not implemented a strategic collection policy. As the saying goes, an ounce of prevention is worth a pound of cure, and knowing what constitutes a comprehensive, enforceable and iron-clad contract and credit agreement with customers is step one. Understanding how to avoid violating debt collection and bankruptcy laws is also essential. If litigation is necessary for pursuing a debt, properly obtaining, perfecting and enforcing a judgment is a prerequisite for an effective collection strategy. Learn all the above for properly handling delinquent customers and implementing strategic debt collection methods.

Authors

Agenda

Intro/Importance of Implementing a Formal Collection Process

Best Practices for Contracts/Credit Agreements

• Customer Information (the More the Better)

• Attorney's Fees Provision

• Personal Guaranty/Spouse Signature

• Legal Considerations - Venue; Jurisdiction; Choice of Law

Avoiding Violations of Debt Collection and Bankruptcy Laws

• The Federal Fair Debt Collection Practices Act

• The Bankruptcy Code's Automatic Stay Provision

Debt Collection Litigation

• Venue and Jurisdiction Issues

• Small Claims

• Perfecting Judgment Lien Rights

Post-Judgment Collections

• Post-Judgment Discovery - Document Production; Depositions

• Garnishment

• Execution, Levy and Sale

• Fraudulent Transfers and Third Party Claims