How To Send Someone To Collections?

James Davis
March 14, 2024

Initiating the process to send someone to collections is a crucial measure for businesses facing unresolved payments despite numerous attempts to reconcile. 

This step involves entrusting the outstanding account to a specialized third-party agency or legal body focused on debt collection. 

Prior to this, it's critical to verify that all preliminary actions have been thoroughly executed: transparent communication regarding the outstanding amount, sending multiple reminders, and attempting to negotiate repayment conditions. 

Should these efforts not yield results, the company must gather all pertinent documentation related to the debt, including any contracts and records of communication, and then carefully select a credible collections firm to recover the debt, while ensuring compliance with all legal and ethical guidelines.

Understanding how to send someone to collections is super important for businesses dealing with unpaid invoices. This part introduces the process and its impact on small businesses.

Significance of understanding the process of sending someone to collections


Dealing with unpaid invoices can be a stressful situation for any business, especially small businesses. Uncollected debts can strain cash flow and hinder your ability to operate smoothly. Knowing how to handle these situations effectively is important. Sending a customer to collections is a last resort, but understanding the process can help you recover owed funds while protecting your business interests.

Impacts of unpaid invoices on small businesses


Unpaid invoices can have a significant impact on small businesses. Unlike larger corporations, small businesses often have tighter financial margins. A single unpaid invoice can disrupt their cash flow, making it difficult to cover operating expenses, invest in growth, or meet payroll. This can lead to a domino effect of financial problems.

Overview of the delicate balance between maintaining customer relations and pursuing owed debts


There's a delicate balance to be struck between collecting what you're owed and maintaining positive relationships with your customers. Sending someone to collections can damage a customer relationship, but so can letting unpaid invoices linger. By following the proper steps and considering alternative solutions before collections, you can increase your chances of recovering the debt while minimizing harm to your customer relationships.

Understanding The Process Of Sending Debts To Collections

Learning how to send someone to collections involves knowing the role of collection agencies. This part explains the legal framework and the role of these agencies.

Definition and explanation of sending someone to collections


Sending someone to collections refers to the process of turning over an unpaid debt to a collection agency. A collection agency is a professional firm specializing in recovering outstanding debts from individuals or businesses. They use various methods to contact debtors and attempt to collect the owed amount.

The role of collections agencies in debt recovery


Collection agencies act as intermediaries between the creditor (the business you owe money to) and the debtor (you). They leverage their experience and expertise in debt collection strategies to increase the chances of recovering the owed funds. This allows businesses to focus on their core operations while offloading the often-time consuming task of debt collection.

The legal framework governing collections activities (FDCPA)


The Fair Debt Collection Practices Act (FDCPA) is a federal law in the United States that regulates the way collection agencies can interact with debtors. The FDCPA protects consumers from harassment, abusive tactics, and unfair debt collection practices. Understanding your rights under the FDCPA can help you navigate the collections process effectively.

Pre-Collections Actions


Pre-Collections Actions

Before escalating to collections, it's important to know how to send someone to collections effectively. This part covers the recommended pre-collections steps.

Recommended steps before escalating to collections


Before resorting to collections, there are several steps you can take to try and collect the debt yourself. These initial efforts can often be successful and preserve the customer relationship.

Importance of direct communication and reissuing invoices


Direct communication with the debtor is key. A friendly phone call or email can serve as a gentle reminder about the outstanding invoice. Sometimes, an oversight or simple confusion might be the reason for the missed payment. In addition, consider reissuing the invoice with a clear payment deadline and highlighting any late fees that may apply.

The role of demand letters and legal advice in early stages


If initial communication attempts fail, sending a formal demand letter is the next step. This letter clearly outlines the amount owed, the due date, and the consequences of non-payment. Consulting with a lawyer can help you draft a professional and legally compliant demand letter.

Offering settlement options and flexible payment plans


Sometimes, debtors may be willing to pay but might be facing financial hardship. Consider offering flexible payment plans or negotiating a settlement amount to resolve the debt. This can be a win-win situation, allowing you to recover some of the funds while accommodating the debtor's circumstances.

When to Consider Collections

Deciding when to send a debt to collections is an important part of how to send someone to collections. Let’s discusses the criteria for making this decision.

Criteria for deciding when to send a debt to collections


There's no one-size-fits-all answer to when collections become necessary. The decision often depends on the size of the debt, the age of the invoice, and your attempts to collect it directly. Generally, if a significant amount of time has passed (often over 90 days) and your efforts haven't yielded results, collections might be a viable option.

Impact of various types of debts on the decision to pursue collections


The type of debt can also influence your decision. Large, overdue invoices are more likely to warrant collections compared to smaller amounts. Furthermore, recurring unpaid invoices from the same customer might suggest a deeper problem requiring a more assertive approach.

Assessing customer behavior and the likelihood of future payments


Before sending a debt to collections, consider the customer's behavior. Have they responded to your attempts to reach them? Do they seem willing to cooperate in resolving the debt? Assessing the likelihood of future payment from the customer can help you decide if collections are the best course of action.

Selecting a Debt Collection Agency

Choosing the right agency is a key part of how to send someone to collections. This part of the guide outlines the steps for finding a credible collections partner.

Steps for finding a credible and effective collections partner:

  1. Define your needs: Consider the type of debt (consumer or business-to-business), the size and age of the accounts, and your desired outcome (recovery of funds or simply improvement in payment behavior).
  2. Research potential agencies: Look for agencies with experience in your industry and a proven track record of success. Check online resources like the Better Business Bureau (BBB) for accreditation and complaint history.
  3. Interview and compare: Contact shortlisted agencies and ask about their collection methods, fees, communication practices, and reporting procedures. Get references and follow up with them.

Evaluating collection agencies: Fees, tactics, and insurance

  • Fees: Collection agencies typically charge a percentage of the amount collected, though some have upfront fees or monthly retainers.
  • Tactics: Ensure the agency follows ethical collection practices outlined in the Fair Debt Collection Practices Act (FDCPA). Ask about their communication methods and how they handle disputes.
  • Insurance: Make sure the agency is properly licensed and bonded in your state. This protects you in case of any errors or misconduct by the agency.

Importance of agency's accreditation and reputation in the industry

  • Accreditation: Look for agencies accredited by organizations like the American Collectors Association (ACA). This indicates they adhere to industry standards and ethical guidelines.
  • Reputation: A good reputation means the agency has a history of successful collections while maintaining compliance. Check online reviews and industry publications for insights.

The Collections Process

Understanding the collections process is essential for knowing how to send someone to collections. This part provides an overview of the standard process.

Overview of the standard collections process

  • Pre-collection phase: In-house attempts to collect the debt are made, often through phone calls, emails, and statements.
  • Collection agency placement: If in-house efforts fail, the account is sent to a collection agency.
  • Collection efforts by agency: The agency will contact the debtor to discuss repayment options and attempt to recover the funds.
  • Legal action (optional): In some cases, the agency may recommend legal action to recover the debt, such as a lawsuit.

Documentation required to initiate collections

To start collections, you will typically need to provide the agency with copies of invoices, sales agreements, and any communication history with the debtor.

The creditor's and debtor's perspective during collections

  • Creditor's perspective: You want the agency to recover the debt efficiently and professionally.
  • Debtor's perspective: The debtor should be treated fairly and understand their rights and repayment options.

Communication strategies and updates throughout the process

  • The collection agency should keep you informed of their progress and any developments with the debtor's account.
  • Communication with the debtor should be respectful and professional, focusing on finding a solution.

Do's and Don'ts in Sending Someone to Collections

Ensuring professionalism and compliance is important in how to send someone to collections. This part highlights effective practices and common pitfalls.

Effective practices to ensure compliance and professionalism

  • Do exhaust internal efforts: Attempt to collect the debt yourself before involving an agency.
  • Do provide clear documentation: Ensure the collection agency has everything they need to handle the account effectively.
  • Do communicate effectively: Keep the agency informed of any changes or updates on your end.

Common pitfalls and legal restrictions to avoid in the collections process

  • Don't threaten or harass the debtor.
  • Don't mislead the debtor about the debt or their rights.
  • Don't collect fees not allowed by law. Collection agencies must comply with the FDCPA which outlines acceptable collection practices.

Understanding Collection Agency Fees


Grasping the fee structures is important in how to send someone to collections. This part explains the types of fees and how to negotiate terms.

Types of fee structures used by collection agencies

  • Contingency fees: The agency gets a percentage (usually 25-50%) of the amount collected.
  • Flat fees: A set fee is charged for the agency's services, regardless of collection success.
  • Hourly fees: The agency charges an hourly rate for their time spent working on the account.

Negotiating terms and understanding the cost-benefit of hiring a collections agency

  • Negotiate the fee structure and any additional costs with the agency upfront.
  • Consider the cost of the agency against the potential return on investment (ROI) from recovered debt.

Impact of Collections on Credit Scores

Knowing the impact on credit scores is a part of understanding how to send someone to collections. This last part covers the effects of collections activities on both businesses and individuals.

How collections activities can affect the debtor's credit?

Collections negatively impact your credit score, which is a numerical representation of your creditworthiness. It's a major factor lenders consider when approving loans and setting interest rates. Here's how collections drag down your score:

  • Payment History: This is the most significant factor in your credit score, typically accounting for around 35%. A collection indicates missed payments and damages your payment history.
  • Derogatory Marks: Collections appear as negative marks on your credit report for up to seven years from the original delinquency date. These marks significantly lower your score.
  • Debt-to-Credit Ratio: This ratio compares your total debt to your available credit limit. Collections add to your total debt, increasing this ratio and hurting your score.

Long-term implications for both businesses and individuals

  • Individuals: A lower credit score can make it harder and more expensive to borrow money for things like a car, house, or even renting an apartment. You may also qualify for higher interest rates on loans and credit cards, leading to increased borrowing costs.
  • Businesses: A poor credit score can limit a business's ability to secure loans for expansion, inventory, or operating expenses. It can also damage relationships with vendors who may require good credit for payment terms.

Conclusion

Understanding how to send someone to collections is important for businesses dealing with unpaid invoices. The process involves a careful balance between recovering debts and maintaining customer relationships. Before escalating to a collection agency, businesses should exhaust all internal efforts, such as direct communication and offering flexible payment plans. 

If these attempts fail, selecting a reputable collection agency that adheres to legal and ethical standards is essential. South District Group (SDG) understands the challenges of debt collection and offers services that align with the delicate nature of this process. SDG's approach ensures professionalism and compliance, helping businesses recover owed funds while preserving customer relationships. 

If you're seeking assistance in managing your collections process, SDG can provide the expertise and support needed to navigate these complex situations. Reach out to SDG for guidance on how to send someone to collections effectively and achieve a positive outcome for your business.