June 1, 2010
When Should I Call In A Credit Collection Agency?
You should call in a credit collection agency sooner rather than later. The longer you wait to start the collection process on overdue accounts, the less of a chance you’ll have at recovering your money.
The day after an account becomes overdue, you should place a polite phone call to the customer who owes you money. If that doesn’t work, you may want to send a few reminder letters yourself, or you may want to go directly to a credit collection agency. Base your decision on how much money is owed to you and the history of your relationship with the customer. If it’s the first time you are doing business with them, you’ll want to call in a credit collection agency sooner than you would with a 10-year old customer with a solid credit history.
Most companies call in a credit collection agency once a debt is 60 days to 90 days past due. If you wait much longer than 90 days to begin collecting unpaid receivables, your chance of collecting drops dramatically.
If you discover that your account has gone out of business, find out what type of business it was – a corporation, a partnership, or a proprietorship. If it was a corporation, don’t even bother calling for the help of a collection agency. It is doubtful that you, or any one else, will be able to squeeze the last few nickels out of that client. If the company is a partnership or a proprietorship, you may be able to get the individual owners of the company to pay you out of their own pockets.
If you try to recover an account and fail, consider that bad debt a tax-deductible item (Tax Code IRC 166, Reg. 1.166). You will be able to deduct the cost of the goods sold (but not paid for) as an ordinary business expense. You can’t deduct any lost profits from the sale, nor can you deduct the money owed for services rendered.
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Filed under Credit by Mallory Megan
February 20, 2010
Collection Agencies And The Statute Of Limitations
Many people are made very aware that they have a debt that is being pursued by a collections agency, yet few know exactly how long collection agencies can go after that debt. Debt Collectors are guided by what is called the Statute of Limitations.
After a certain length of time creditors can no longer collect from those in debt. The length of the Statute of Limitations varies. Important factors include what state the debt has been incurred in, the type of debt, if there is a signed contract or not among many other factors.
One example is the state of New Hampshire. Time alloted there to collect a debt is 3 years. If it was a domestic judgement, the Statute of Limitations is as high as 20 years; on a foreign one it is also 20 years. For goods the Statute of Limitations is four years unless there is a written and signed contract, then it is three years.
Debtors that do not believe that they owe the money, they can fight the creditors claim may actually withold information regarding invoices or balances due and request proof demonstrating the validity of the debt.At this point, collection agencies must present backup documentation to support their claim.
For more information regarding the Statute of Limitations, it is wise to speak to a legal advisor in your own state. While there are many collections agencies out there that use unreputable practices, there is also a number of legitimate agencies who are willing to help out. Agencies such as Rapid Recovery Solution are always willing to help out. For more information, consult rapidrecoverysolution.com. In this trying time of economic hardship don’t be bullied by illegal tactics by illegitimate collection agencies. There are laws out there to protect debtors and everyone should know their rights.
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Filed under Loans by Mallory McGuinness-Hickey
Learn How to Challenge Your Equifax Credit Report
Are you tired of the bad credit reported on your credit report?
To begin with, you will need to request a copy of your Equifax credit report so you can review its contents for negative and inaccurate entries. Entries that damage your credit include:
third party actions involving charge-offs
judgments
bankruptcy proceedings, such as Chapter 7 or Chapter 13
home foreclosures
repossessions – auto, boat, or other property
payroll garnishment
payment inconsistencies
collections, paid collections, settled accounts
public records/judgments
Your second step is to write an Equifax dispute letter. You will need to include your personal information and reason for the dispute. In other words, you need to say why you believe the information is inaccurate.
The final step is to wait 30-45 days for the results.
What Happens After I Mail my Dispute Letter?
If your dispute is successful, continue the process to attempt to remove all negative entries from your credit report. Once this step is completed, clear up any remaining issues, such as discrepancies involving personal information.
If your dispute is successful, the negative item in question will be removed by Equifax. At times, a credit bureau will revise items on your credit report after they have been contacted by your creditors. This information can be good or bad, depending upon the creditors’ reports. For instance, your credit report might be revised to show that an account went to collection.
If you lose your Equifax dispute, the negative items will stay on your report possibly for the next 7-10 years. If this happens, you still have some options to continue the credit repair process.
At times, a simple dispute is not effective and more advanced methods are necessary. At this point, it is wise to seek the advice of a legal professional who can employ methods such as payment for deletion, debt validation, or possibly even negotiating directly with the creditor.
Keep in mind that credit reporting by a creditor is voluntary, while the seven year limit is imposed only on credit bureaus. As such, a convincing attorney can often persuade a creditor to erase a negative item from your credit report.
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Filed under Credit by Ben Casey
