Dean Kaplan 
We hear it all the time: “We are not going to pay those invoices because the person who signed the contract didn’t have authority.” Many go on to say: “It says right in our By-laws that only an officer can bind the company.” This tells us several things: The debtor does not want to pay; … Read more
Getting permission to run personal credit reports on B2B Credit Applications can lead to payments during difficult times At our commercial collection agency, we often encounter business owners who claim their company’s financial condition is terrible and they can’t pay anything or can make only small payments. It is difficult to verify this information on … Read more
Elite athletes mentally visualize technique and success to improve actual performance. Our debt collectors use a very simple technique to get better results. Studies have shown that visualization improves awareness, mood, confidence and outcome. We’ve been using these techniques with dramatic success at The Kaplan Group for years. In house collectors typically have 2 objectives, … Read more
At our collection agency, we have a client who uses a provision in the U.S. Code of Federal Regulations (“CFR”) to collect significantly more than the original balance due on accounts sent to collections. As an example, we collected over $22,000 on freight bills that were only $11,000 if they had been paid on time. … Read more
It is frustrating, or worse, when a business customer does not pay their first open invoice on time. Perhaps something just happened at the customer’s business after the credit decision was made that has resulted in cash flow problems. But, there is also the concern that this is just a ‘bad apple’ that was … Read more
At our commercial collection agency, we aren’t afraid to talk to attorneys. When we call a debtor and they tell us to talk to their attorney, our biggest fear is that the attorney will not actually talk to us. Once we are instructed to talk to a company’s attorney, we are no longer allowed … Read more
The chances of collecting on an invoice due from a company that has ceased operating are very slim. If the business was organized as a corporation or LLC (limited liability company) then only the business entity itself is liable for outstanding invoices. If there are no assets remaining in the entity then the entity … Read more
This article has been updated since originally published in CreditToday with new input from attorneys and other credit professionals. We received numerous comments via CreditToday, InsideARM and LinkedIn that has been incorporated into this revised edition. We frequently get asked by new clients about piercing the corporate veil on owner-operated companies that go out … Read more
At our commercial collection agency we always prefer having a personal guaranty. Years ago, a new client started sending us claims along with their very simple, one page credit application. At the bottom of the page, immediately above the signature block, it reads exactly as follows: NOTWITHSTANDING THIS ACCOUNT IS ESTABLISHED IN THE NAME OF … Read more
If a business is organized as a corporation, limited liability company (LLC), or other type of separate legal entity, the owner is not liable for the debts of the business unless other conditions exist. For small businesses, the primary reason the owner took the time and expense to set up the separate legal entity was … Read more
