Thursday, 26 April 2012 11:35

USA Debt Collection Procedures

Here at Safe Collections we have decades of experience in helping our customers recover unpaid invoices and bad debts both in the UK and across the globe.  One of our key markets is the USA and we have been working closely with our US debt recovery affiliate since 1986.

Robert is the Vice President of International & Corporate Quality at our affiliate office in New York and here he explains the Three Phase USA debt collection procedures they follow in recovery of overdue accounts from US based debtors.

Phase One Amicable In-House Collection

With every USA Debt Collection case we receive from Safe Collections we always attempt to recover the money owed using our own in-house team of collection agents.  Our agents will contact the debtor by post, email and telephone with the aim of ensuring that any outstanding balance is paid as soon as possible.

If a query exists our collectors are often able to resolve legitimate issues and refute spurious claims in an effort to bring about payment.  As is the norm for Debt Collection in the USA our in-house process is normally concluded in 30-45 days (or less depending on the file specifications).

Phase Two Attorney Amicable Collection

If we are unable to resolve the account in phase one due to the debtor being unable or unwilling to clear the outstanding overdue balance we then seek to increase the pressure by placing the account with one of our experienced and fully qualified Debt Collection Attorneys.

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Again the use of our independent collection attorney demonstrates to the debtor that the creditor is serious about recovery and has the power and connections to begin legal proceedings in the debtor’s state of residence.  We often find that when an attorney local to the debtor is instructed resolution shortly follows.

If our independent legal counsel is unable to persuade the debtor to pay the outstanding commercial balance we would seek authorisation from the client to commence with phase three.

Phase Three Legal Recovery

If the attorney can not collect the unpaid invoice on an amicable basis we would work with counsel to submit their legal requirements and recommendations to the end client.  The creditor must then decide whether to proceed with the suit and if they proceed pay the necessary advance court costs and occasionally a modest retainer.

However a majority of collection cases are successfully resolved prior to phase three and no obligation exists for the client to pursue legal recovery.

But before committing to legal action you may want to read more about it in our next blog "Ten questions to ask before suing a debtor in the USA".  For help and advice with debt recovery in America contact us for free expert advice.

Image "Money jigsaw puzzle" by flickr user Sean Williams is licensed under CC BY 2.0

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