Why We Can’t Collect From A Defunct Company

It is difficult for collection agencies to pierce the corporate veil

  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

Piercing The Corporate Veil To Create Personal Liability on Business Debts

It is difficult for collection agencies to pierce the corporate veil

  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

Most Business Owners Are Not Personally Liable for a Company’s Debts

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

Simple Tips to Avoid Delinquent Payers

The Kaplan Group As we’ve explained many times in our previous posts, delinquent and non-paying customers and accounts can have a very serious effect on the health of your business. Obviously, when a customer orders a product or service and then doesn’t pay for it, your business suffers – so how can these delinquencies be … Read more

Basic Strategies To Promote Debt Collection Success

Learning to effectively collect debts, whether commercial (business-to-business) or consumer (debts owed by individuals) requires patience and diligence. The best debt collectors have honed their skills over years, learning what strategies tend to push debtors towards making payments. For new debt collectors who haven’t yet had time to develop their collection techniques, however, there are … Read more

Excuse or Explanation? How to get your money!

This was originally published by Dean Kaplan on InsideARM in September 2012 We’ve all heard hundreds of different stories as to why a business debt has not been paid.  For our commercial collection agency, the first thing our debt collectors are trained to do is to figure out if it is a legitimate explanation or … Read more

Properly Using Email Correspondence In Collection Efforts

While telephone is still the most effective way to communicate with debtors during a debt collection effort, other forms of correspondence including email can play an important role in a debt collector‘s efforts to contact a non-paying customer. When using email for collection purposes, it is important to follow some general guidelines to ensure your … Read more

Two Tips to Improve Collection Negotiations

One of the most important aspects of debt collection is knowing how to negotiate effectively with debtors. Learning to negotiate is not an easy process, and certainly requires practice, but anybody who’s already working as a debt collector has likely had time to develop their negotiation techniques to some extent at least. With this in … Read more

Settlements Versus Payment Plans in Debt Collection

Anybody who’s worked in debt collection has probably had a debtor request either a payment plan or a settlement in order to take care of their delinquent account. While the best-case-scenario in debt collection is to receive a full payment on the unpaid balance, this simply isn’t possible in every case. Settlements and payment plans … Read more

Advice For Debt Collectors Dealing With Debtor Excuses

During almost every debt collection effort, a debt collector can expect to hear at least one excuse from a debtor on why payment hasn’t been received already. While sometimes the debtor is being honest in their explanation, more often than not these excuses are employed as a means of delaying the collection process in hopes … Read more

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