<a href="http://www.kgaction.com/">The Kaplan Group</a> is a commercial collection agency with distinct expertise in large ($20K-$1M) B2B claims. We use a variety of skills, techniques and experience to achieve outstanding success for our clients. For over 40 years, the Kaplan family has shared this knowledge with the credit industry in countless programs for credit groups, articles in industry periodicals, and leadership of various organizations. We continue this tradition here and invite readers to participate with their insights and questions on a variety of topics such as financial statement analysis, collection call tips, credit application terms and collector training. <a href="http://www.kgaction.com/">http://www.kgaction.com</a>
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If you have to sue your business customer for unpaid invoices, would you rather sue where your company is located or where the debtor company is located? That’s a decision that can have far-reaching implications down the line.
Section 49 377.203 g(1)(ii) of the CFR says “Carriers may, by tariff rule, assess reasonable and certain liquidated damages for all costs incurred in the collection of overdue freight charges. Carriers may use one of two methods in their tariffs: ….The second method is to require payment of the full, nondiscounted rate instead of the discounted rate otherwise applicable.”
What I find most interesting is that most of the freight forwarders and trucking companies who send us accounts do not use this approach. They simply quote a fixed fee. And they’re leaving money on the table.
Many small business owners form a corporation or LLC primarily so that only the entity is liable for the business’s debts and their personal assets are shielded from the business’s liabilities. We all hear stories about “piercing the corporate veil” to create personal liability for a small business debt. The story-tellers typically share with glee how they ‘nailed’ the owner and eventually got paid. In my experience, this is more myth than reality.
An ARM company recently won a court case that validated a simple personal guaranty and resulted in the recovery of over $15,000 even though the corporation had ceased operating. Not everyone will agree to sign a personal guaranty. But it is easy to ask for, and on occasion you are likely to recover money solely because you have the guaranty.
Retail sales were up 13% for the weekend, which was great for retailers. This is also good news for all their vendors, whether they supplied the merchandise that was sold, or services to support retailers. The third annual Small Business Saturday also appeared to be a big success, helping local businesses that employ over half of all working Americans. We know that our clients who sell to small businesses want to see them have more profitable sales in order to pay existing receivables and stay in business for future sales.
This is one of the top ten explanations we get as a commercial collection agency. Our biggest fear when we hear this is that it might be true.
Anyone who is in an argument really wants to win. But that may be the absolute wrong way to approach a conflict. Dean Kaplan of The Kaplan Group suggests that the key to winning an argument may actually be to avoid it completely. Read more to find some tips and suggestions to do just this.
Debt collection is all about getting people to do something that they haven’t done so far: pay a bill. We may not be out to “win friends,” but we certainly are out to “influence people.” Carnegie’s advice seems to be based on the premise that the vast majority of people are good, so you have the most influence by embracing this underlying characteristic. He claims that everyone you meet is superior to you in some way, and if you find that quality and make them feel good about it you can establish rapport and then influence.
Sometimes we are given claims against small businesses where we are not even sure who we should be contacting or can’t find a good phone number to reach a live person. Fortunately, there is a great, free resource that often yields exactly the information we are seeking.
As collectors, there is only one question we really care about: when will you pay? But going straight to the point may not be the best way to actually get paid.