Be prepared for delinquent customers and implement best practices into your internal collections policies and procedures.
For many companies, the most challenging part of operating a successful business is ensuring you're getting paid for your efforts. While businesses focus on providing quality services or products to their customers, some customers will inevitably fail to pay debts timely and accrue delinquent balances. The unfortunate reality is that all businesses, at some point, will find themselves needing to deal with delinquent customers. This topic will help you implement a few best practices into your internal collections policies and procedures to be prepared in advance for those delinquent customers. In addition to internal collection procedures, this material will also discuss when it may be appropriate to bring in a third party to enforce collections and the best way to be prepared for legal proceedings.
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Procedures and Policies for Collections
- Establish Policies and Procedures for Collection Timelines and Actions
- How: Clear Objective Actions in Established Procedures
- When: For Each Action, Follow Clear Time (Ex. Contact Customer Within 30 Days After Default)
- Who: Determine Whether Each Action Should Be Undertaken by a Third Party or, If Internal, the Responsible Party for Each Action
- Ensure That All Customer Contracts and Agreements Contain Appropriate Customer Information
Internal Collections Within the Company
- Collections Groups
- Different Professionals for Different Levels of Collections
- Trained Professionals
- Implementation of and Adherence to Established Policies and Procedures
- Consistency Within Company
Third-Party Collections
- When Third-Party Collections Should Be Considered
- Not Enough Internal Support for Collections
- Specialized Help Is Necessary
- Customer Not Responding to Internal Collections Efforts
- Type of Work Performed
Pre-Bankruptcy Planning and Bankruptcy Techniques
- Monitor Consistency of Customer's Payment
- Amount of Payment and Time of Payment
- Continue to Assess Customer Risk Throughout Relationship
- Adhere to Company Procedures and Policies Regarding Late or Incomplete Payments
- Bankruptcy Techniques
- Relief From the Automatic Stay
- Adequate Protection
- Proofs of Claims
- Attend 341 Meeting and Become Involved in Case
The Legal Process
- Initiating Legal Proceedings With the Courts
- Keep Reliable and Organized Records and Documentation to Meet Burden of Proof
- Proper Witness Support
- Identifying and Providing Appropriate Witnesses to Counsel
- Witnesses Have Knowledge of Procedures and Individualized Facts
- Obtaining a Judgment Against Customer and Collecting on the Judgment
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on January 27, 2022.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.0
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Kirk B. Burkley, Esq.
Bernstein-Burkley, P.C.
- Managing partner of Bernstein-Burkley, P.C.
- Practice emphasizes all aspects of bankruptcy and restructuring, creditors’ rights, business and corporate transactions, litigation, real estate, and oil and gas
- Conducts regular seminars/live webinars and workshops on bankruptcy, creditors’ rights, and oil and gas
- Author of several publications related to the bankruptcy field, with work appearing in ABI Journal, Equipment Leasing Newsletter, Pennsylvania Association of Credit Managers Newsletter The Creditor, and more
- Emeritus Board Member of the American Board of Certification, past president of the American Board of Certification, past president of Turnaround Management Association, member of Allegheny County Bar Association, American Bankruptcy Institute
- J.D. degree, University of Pittsburgh School of Law; B.S. degree, Ohio University
- Can be contacted at [email protected] or 412-456-8108
Christopher B. Wick
Hahn Loeser & Parks LLP
- Partner, Hahn Loeser & Parks LLP
- Specializes in corporate restructuring and bankruptcy law
- Focuses his practice on corporate reorganizations, workouts, debtors’ and creditors’ rights, and corporate transactions across the United States
- Author of the Intersection of Intellectual Property and Bankruptcy Law Chapter of the Commercial Bankruptcy Litigation Treatise, many American Bankruptcy Institute Journal articles, and articles for other publications regarding debt collection
- American Bankruptcy Institute, member since 2004; Cleveland Metropolitan Bar Association, Member since 2001
- J.D. degree, Washington & Lee University; B.A. degree, Washington & Lee University
- Can be contacted at 216-274-2489 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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