NACM Oregon Business Credit Journal - June 2011

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NACM Oregon

June 2011

Business Credit Journal Myths and Misconceptions about Business-to-Business Collections by Michael C. Dennis

Myths and Misconceptions... Cover

There are a number of myths and misconceptions about creditors’ duties, rights and responsibilities relating to business-to-business debt collection. Listed below are some of the more widely held misconceptions about the debt collection process: •

Myth: Businesses have the same rights as consumers in the debt collection process.

Reality: This statement is not untrue. For example, the Fair Debt Collection Practices Act does not cover the activities of collectors who work directly for the creditor company. The FDCPA regulates debt collection activities performed by third-party collection agencies.

Myth: It is illegal to request one of more post-dated checks.

In reality, it is not illegal or unethical for a collector to ask for post dated checks.

In This Issue

Myth: If a debtor is making partial payments, the creditor cannot place the account for collection.

Reality: A creditor company can place any delinquent account for collection at any time.

Myth: Creditors must respond to written proposals received from debtors relating to payment moratoriums or extended payment plans, and failing to do so can legally be interpreted as acceptance of the debtor’s proposal.

Reality: Silence does not mean acceptance… even if the correspondence the creditor receives states that failing to respond means the creditor accepts the debtor’s proposal.

Chair’s Message.........................3 President’s Message...................3 New Member Introductory..........4 International Corner...................5 Member Profile..........................6 Member Referral Rewards...........7 Employee Placement Service.......9 NOF Scholarship Funds............. 10 Education................................ 11 Webinars................................. 12 Contacts.................................. 15

• Myth: A creditor must give the debtor advanced notice before referring an account to a third-party collection agency or to an attorney.

Reality: Absent a contractual obligation to do so, creditors are not required to provide any advanced notice such as a Final Demand for Payment. (Note: Most creditors provide advanced notice because it is in the creditor company’s best interest to do so. Why? Because some debtors will pay once they are notified that their account is being placed with a third party. ...continue on page 14

7931 NE Halsey, Suite 200, Portland, Oregon 97213 Tel 503.257.0802 or 800.622.6985 • Fax 503.257.0247 • www.nacmoregon.org

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