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Debt Recovery

Common Problems Faced during Debt Collection

Debt collections can be quite frustrating and boring if too many customers fail to make payments on time. Your staff has to contact them repeatedly to pay their past-due bills. More significant challenges arise when some of the following issues complicate recovery efforts.

1. Debtor is not traceable:

Every business struggles with the lack of current contact information of their debtors. May be the debtor has moved from his current residence, or your employee made an incorrect entry while typing the data into the system.

Solution 1:
The USPS maintains a database of people who have recently moved. You can request the USPS to inform you of a person’s new address by using USPS ancillary service endorsements.

Solution 2:
Use a professional Skip tracer service. Skip tracing provides the latest residence or business address of any individual. It will also include the latest phone number if available. Advance Skip tracing services are costly, and for a single account check, they can charge anywhere between $25 to $200 per account.

Solution 3:
If you intend to transfer the account to a Collection Agency, they will do it for free as a part of their collections process. They pay a huge amount to professional skip tracers every month and get the volume discount benefit. They get this service for pennies on the dollar.

2. Some accounts may no longer be in business or bankrupt

Creditors cannot try to collect on debts that are discharged due to bankruptcy. Even if a debtor simply files for bankruptcy, the debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court.

How to find out if someone has filed for bankruptcy?

Solution 1:
Go to: http://www.ncmb.uscourts.gov/content/how-can-i-verify-if-someone-has-filed-bankruptcy
* If you have a PACER account, you can search using the PACER Case Locator.
* You can visit the courthouse and use a public terminal.
* If you know the social security number, you can use the VCIS system. It’s a toll-free call to 1-866-222-8029. See VCIS instructions here.

Solution 2:

Well, simply hire a Collection Agency, they will check it for free as a part of the standard collections process.

3. Debtor Excuses

We have a detailed article on the excuses made by debtors, a pretty interesting article. It will give you several ideas on how to handle all those excuses.

Solution 1:
Instruct someone in your Accounting/AR employee to keep checking with the debtor frequently. The debtor will likely pay when he realizes that collection demands are not going away any time soon.

Solution 2:
Go to the Small Claims Court and get a judgment against the debtor; this may include wage garnishment. If you are lucky, you may get a default judgment if the debtor fails to appear.

Solution 3:
Hire a professional collections agency and let them do all this work for you. They have excellent systems and software in place to periodically contact the debtor.

4. Government Regulations and Laws:

Did you know that the government has many laws which need to be followed when attempting to recover money from a person? In many states, these restrictions apply to the original creditor as well. These laws are designed to prevent Creditors/Collection Agencies from putting unreasonable pressure on debtors. Not following these debt collection laws and regulations can result in getting sued back by the debtor.

Solution 1:
Have your in-house collection specialist keep himself up to date with laws that are applicable to the original creditors too.

Solution 2:
Use a collection agency. The staff of a collection agency is well-trained to follow various Federal and State laws. Check out the Debt Collection Laws in the United States. In case of a mishap (a lawsuit occurs from the debtor’s side), they are fully insured for such situations to protect themself and their clients from a financial loss.

5. Training Staff Regularly

No one likes calling people again and again and insisting they pay their bills. Invoicing people regularly and following up with them after the past-due date requires tremendous patience, discipline, training and a process in place. As time passes by, the debtor gets pretty immune to those reminder notices. Make sure your staff even keeps a regular check of clients who are past due. These cases should not slip away because no one is properly checking.

Solution 1:
Debt collectors are people with great patience and have too many ideas on how to recover money legally. That’s what they do all day long. Debt collectors are regularly trained by their employers (the Collections Agency).

6. Language barrier

Are all your customers English speaking only? Do you have a bilingual staff who can speak their language? Small businesses and medical professionals often serve people whose primary language is either Spanish or Mandarin.

Solution 1:
Find a friend or an employee who can speak the language of your debtor. Explain to him what to talk about and how to respond.

Solution 2:
Transfer the account to a collection agency that employs multilingual staff. Spanish-speaking debt collectors at the minimum.

7. Tax season

Tax filing season ( March to April) is notoriously bad for debt collections. Many people must pay IRS those unexpected taxes or fines.

Solution 1:
On the brighter side, millions of people receive tax refunds. This may include some of your debtors too. Make sure you re-send the invoice during this period as they may clear your bill finally from the extra money they just got back from the IRS.

8. Verification of debt

Debtors often ask Creditors/Collection Agencies to provide all documents related to the debt, which proves the debtor indeed owes the money. Failure to provide adequate documents will lead you to write off this debt. If it takes too long to locate debtors’ data and you have to go through the bundle of files, then it’s time for a procedural change.

Solution 1:
Of course, your AR team should keep documentation properly. If too many physical documents or paper-based files are making your office a junkyard, consider storing documents electronically. There are several companies that help you store documentation safely and well organized. Finding the electronic version of a document will be a huge time saver.

9. Maintaining positive customer relationships

Most businesses do not want to lose customers or aggravate them just because they have failed to make payments this time. They may give more business in the future after their situation improves. They can potentially spread negative word about your business in the community or online.

Solution 1:
Instruct your staff to deal with debtors diplomatically and with respect. Even if they feel frustrated at times, it is better to end the call that very moment on some pretext, rather than continue to talk and yell at each other. Calling up at a different time could very well be fruitful as your debtor’s mood may be more cheerful.

Solution 2:
The staff of Debt Collection Agencies is well-trained to deal with debtors diplomatically. Try sending Collection Letters first, as they are the best way to maintain better relations with your customers.

10. Pause Collection Activity when the Government notifies

During the coronavirus pandemic, several states prohibited debt collection activity in their states. Similarly, when hurricanes, wildfires, earthquakes, floods or tornados arrive in a region, collection activity needs to be paused. To keep track of all such events, a collection agency must be on the lookout for these notifications.

Hiring a collection agency

Collection Agencies have been around for decades and recover billions of dollars every year for their clients, which would have otherwise resulted in a 100% loss. Collection agencies subscribe to several services like Skip Tracing, Bankruptcy Screening, etc which you would be reluctant to buy. You can never match the cost and efficiency of a collection agency. It is recommended to use the Collection Letters service for accounts less than 120 days past due, and the Collections Calls service for accounts over 120 days past due.

Filed Under: Debt Recovery

US Debt Collection Laws: A Guide for Business Owners

debt recovery laws

The Ultimate Guide to USA Debt Collection Laws: Compliance, Statutes, and Recovery

Navigating the landscape of debt recovery in the United States is like walking through a minefield. For business owners and creditors, the goal is simple: recover overdue revenue. However, the path to payment is governed by a complex web of federal acts and state-specific regulations.

One misstep—an accidental call too early in the morning or a letter sent to the wrong address—can result in lawsuits that cost far more than the original debt.

At NexaCollect, we believe that knowledge is leverage. This guide breaks down the essential collection laws you must know and explains why partnering with a nationwide, licensed agency is your best defense against liability.


1. The Federal Framework: The “Big 6” Collection Laws

Federal laws set the baseline for debt collection across all 50 states. While these primarily target third-party collection agencies (like us), original creditors must adhere to many of these standards to avoid “Unfair, Deceptive, or Abusive Acts or Practices” (UDAAP) claims.

A. The Fair Debt Collection Practices Act (FDCPA)

This is the “constitution” of debt collection. Enacted in 1977, it prohibits abusive practices.

  • Communication Limits: Collectors cannot call before 8:00 AM or after 9:00 PM (local time).

  • Harassment: No threats of violence, use of profane language, or repeated calling to annoy.

  • False Statements: Collectors cannot claim to be attorneys or government officials if they are not, nor can they threaten legal action they do not intend to take.

  • Validation: The debtor must be sent a written “Validation Notice” within 5 days of initial contact, detailing the debt and their right to dispute it.

B. The Fair Credit Reporting Act (FCRA)

This law governs how debt is reported to bureaus (Equifax, Experian, TransUnion).

  • Accuracy: Creditors and agencies must report accurate information.

  • Disputes: If a consumer disputes a debt, the furnisher of information must investigate and correct errors within 30 days.

  • 7-Year Rule: Most negative credit information must be removed after seven years.

C. The Telephone Consumer Protection Act (TCPA)

In the modern era, this act is a major source of litigation.

  • Robocalls: It strictly restricts the use of auto-dialers and pre-recorded messages to cell phones without express consent.

  • Revocation: Consumers can revoke consent to be called at any time.

D. Servicemembers Civil Relief Act (SCRA)

This protects active-duty military personnel.

  • Interest Caps: Interest on pre-service debts is often capped at 6%.

  • Legal Protections: It creates high hurdles for obtaining default judgments against active servicemembers.

E. Gramm-Leach-Bliley Act (GLBA)

While primarily for financial institutions, this affects collection by mandating strict privacy rules regarding how non-public personal information (NPI) is shared and protected.

F. HIPAA (Medical Debt):

For healthcare providers, the Health Insurance Portability and Accountability Act (HIPAA) mandates that collection agencies must sign a Business Associate Agreement (BAA) and strictly limit the use of Protected Health Information (PHI) to the minimum necessary for recovery.


2. State-Specific Nuances: Where It Gets Tricky

Federal law is the floor, not the ceiling. Many states have enacted “mini-FDCPAs” that are stricter than federal law.7 A nationwide agency must use software that automatically adjusts to these local rules.

California: The Rosenthal Act

  • Scope: Unlike the federal FDCPA, California’s Rosenthal Act applies to original creditors as well as third-party agencies.

  • Recording: California is a “two-party consent” state, meaning you cannot record a collection call unless the debtor agrees.

New York: Consumer Credit Fairness Act

  • Statute of Limitations: Recently reduced from 6 years to 3 years for consumer credit transactions.

  • Notice: Requires specific, detailed notices to be mailed to debtors before and during the legal process.

Texas: Texas Debt Collection Act (TDCA)

  • Bonding: Third-party agencies must file a surety bond with the Texas Secretary of State.

  • Fee Limits: Strict limits on adding collection fees unless explicitly authorized by the contract and state law.

Massachusetts: Frequency Limits

  • Strict Contact: Collectors generally cannot initiate a communication with a debtor (via phone or text) more than twice within a seven-day period.

Florida: FCCPA

  • Consumer Protection: Prohibits communicating with a debtor if the creditor knows the debtor is represented by an attorney. Violations carry statutory penalties even without actual damages.


3. The Statute of Limitations (SOL) Guide

The Statute of Limitations is the time period a creditor has to file a lawsuit to collect a debt. Once this expires, the debt is “time-barred.” You can still ask for payment, but you cannot sue.

Note: B2B (Written Contracts) often have longer SOLs than Open Accounts (Credit Cards).

State Open Account (Credit Card) Written Contract Oral Contract
California 4 Years 4 Years 2 Years
Florida 4 Years 5 Years 4 Years
Georgia 4 Years 6 Years 4 Years
Illinois 5 Years 10 Years 5 Years
New York 3 Years 3 Years 3 Years
Texas 4 Years 4 Years 4 Years
Pennsylvania 4 Years 4 Years 4 Years

(Disclaimer: Laws change frequently. Always consult a legal professional for specific case advice.)


4. Why You Need a Full-Spectrum, Licensed Agency

Given the complexity of the laws above, managing collections in-house is risky. Here is why partnering with NexaCollect is the smartest move for your bottom line and your brand.

A. Nationwide Coverage & Licensing

We are licensed and bonded to collect in all 50 states. If your debtor moves from Texas to New York, you don’t need a new agency. We follow them, adjusting our compliance protocols automatically to match their new jurisdiction.

B. Protecting Your Reputation (High Google Ratings)

The old “break their knees” approach to collections is dead. It results in lawsuits and 1-star reviews that kill your future sales.

  • Our Approach: We view ourselves as an extension of your customer service. We use diplomatic, firm, and respectful mediation to recover funds. This is why our agency maintains high Google ratings—we treat people with dignity.

C. The Full Spectrum Model: Fixed-Fee to Legal

Most agencies force you into a 40% contingency fee immediately. We don’t. We offer a tiered approach designed to save you equity:

  1. Step 1 & 2 (Fixed-Fee): For a low flat rate (e.g., $15/account), we act as a third-party intervention. You keep 100% of the money recovered here.

  2. Step 3 (Contingency): If they don’t pay, we escalate to intensive calls. We only charge a percentage (typically 40%) if we collect.

  3. Step 4 (Legal): If the debtor has assets but refuses to pay, our network of specialized attorneys can litigate.

D. Commercial vs. Consumer Expertise

Laws for collecting B2B (Commercial) debt differ vastly from Consumer debt. The FDCPA primarily protects consumers. Commercial collections allow for more aggressive strategies. Our team is trained to distinguish between the two, maximizing pressure on businesses while staying compliant with consumers.


Summary

Debt collection in the USA is not just about persistence; it’s about precision. With the FDCPA, TCPA, and state laws like the Rosenthal Act watching every move, you need a partner who understands the rules of the game.

NexaCollect offers the compliance shield you need with the recovery results you deserve.

Ready to recover your revenue without the risk?

Contact Us Today for a Free Quote

Filed Under: Debt Recovery

Medical Student Loan Collection Agency

medical loan collection agency

More than 70% of U.S. college graduates take student loans, and unfortunately, a large percentage of these loans go into default. Among them, medical student loans are the most tricky to collect as compared to other types of student loans because they carry higher balances.

Inability to collect the remaining installments even on a few medical student loans results in a loss of hundreds of thousands for the lender. Lenders of private student loans are primarily banks, credit unions and specialized lenders.

Unlike other loans, student loan obligations do not go away even if the borrower files for bankruptcy. A private student loan is considered to be in default after 3 consecutive non-payments (and nine months for loans originating from the U.S. Department of Education or DOE). Even with a court order, the maximum wage garnishment for private student loans can be only up to 25% of disposable pay in most states. Private lenders have lesser options to recover student loans versus loans originating from DOE. DOE has the capacity to target Tax Refunds and other Federal Benefit offsets which private lenders don’t.

Once the account is in default, student loan debt is due immediately, this is called the “acceleration processes“.

After a default, the account is usually forwarded to a student loan collection agency without wasting more time. The recovery rate of student loans is generally not too great. Therefore it is important to forward accounts to a loan collection agency with extensive experience in handling medical student loans. For the federal student loans, a debt collector gets paid nearly $1,700 per borrower who rehabilitates their debt. For private loans (originating from banks and credit unions), collection agencies work on a contingency basis, charging a fee between 20% to 40% depending on how old the debt is and the outstanding loan amount.

Private debt collection agencies use a diplomatic and empathetic approach to collect student loan debt. They must work with consumers to find a solution and offer them multiple repayment options to prevent further falling into the debt trap. Debt collection agencies can contact the cosigner of the student loan if the primary person is unable to pay the debt.

Private student loans are subject to a statute of limitations that may range from 3 to 15 years, depending on the borrower’s state of residence. Federal student loans are not subject to a statute of limitations. This is one of the main reasons why there is such an urgency to collect the student loans issued by a private financial institution.

Repayment plans can last for many years; therefore, there is always a chance that the borrower who rehabilitates their debt, may once again go in default a few years later. After the loan is rehabilitated, the lender may remove the default from the borrower’s credit history as a part of the settlement agreement.

Collection agencies are required to follow the FDCPA rules. The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the behavior and actions of third-party debt collectors who are attempting to collect debts on behalf of another person or entity.

If you are looking for a medical student loan collection agency: contact us

Filed Under: Debt Recovery

Collection Agency: Smartphone Repair & Screen Replacement

Smart Phone Collections

Mobile phone repair market is valued over 4 billion dollars and employs over 20,000 people in USA, growing about 3% every year. Approximately one out of every four smartphone users crack their screen. Once the phone is out of warranty or has no insurance, people often turn to 3rd party repair shops who provide cheaper service than the authorized service centers.

Although equipped with hi-tech technology and a glass touch screen, still the smartphone’s outer body is not all that robust, making it prone to cracks and water damage. Apart from screen replacement and repair services, nearly all smartphone repair shops also sell smartphone accessories like screen protectors and smartphone cases. In USA, iPhone and Samsung are the two most popular brands.

All mobile phone repair shops demand upfront payment of the work done on the device. However many customers are unable to fully pay the high cost of repairs done and opt for a payment plan in the form of installments. Many customers default on these payments. This can result in a loss of hundreds of dollars for the business owner. A typical owner has very limited options, all he can do is making a few reminder calls and re-sending invoice.

If the payment has been due for over 60-90 days, it is better to have a collection agency take care of recovering your past-due payment. Although a Collection Agency will take a cut/fee on the amount recovered, it is far better to get at least 60% of the recovered money back rather than writing it off as a 100% loss.

Collection agencies require business-owners to have copy of invoices or contract that was signed with the customer when the work was performed.

Every year billions of dollars of amount is written off, a significant portion of which could have been recovered if it was assigned to a debt collection agency in a timely manner. 

Filed Under: Debt Recovery

Debt Collection for IT, Computer Hardware, Laptop Repair & Networking Centers

technology debt collection
US technology, computer, mobile and service industry is biggest in the world, spanning across product development, networking, consulting, hardware, refurbish & repair, AI, data mining, and the list goes on. Then there are thousands of small to mid-size computer services, mobile & hardware repair centers, cloud and data security services. Millions of Americans are employed in the technology sector.

Even though the issue of accounts receivable in the technology industry is relatively lower than other types of businesses, it is big enough to impact the profit margins of any company. Small business owners who are involved in computer service, mobile repair, virus removal, data backup, restoration and mobile & hardware repair ( like Micro Center, Geek Squad, and laptop/mobile repair franchises like Computer Doctor, CPR, Cellairis and Fast-Teks) often experience a higher number of unpaid bills.

Folks associated with the technology industry are not the best people to recover money on past due accounts. When sending repeated invoices and reminder calls do not work for the first 60-90 days, it’s time to transfer such accounts to a good Debt Collection Agency. An experienced collection agency understands the delicate nature of a technology company and its customers. The collection needs to be done in a diplomatic, polite and emphatic manner.

One of the very well-known facts about debt collections is that the moment a debtor receives a collection reminder in the name of a Collection Agency, their attitude changes. Just like when a person speeding his car over the limit sees a cop car standing at a distance, he will suddenly slow down and attempt to follow the rules.

Debtors are likely to pay off because they know that Collection Agencies are experts in collecting debt, and they will employ every possible legal measure to recover the money.

Collection Letters Service
  • The upfront cost for 5 Collection Letters is about $15 per account.
  • Debtors pay directly to you, no other fees. Low cost option.
  • Good for accounts less than 120 days past due.
Collection Calls Service
  • Contingency fee only. No upfront or other fees.
  • Agency gets paid a portion of the money they recover.  No recovery-No fees.
  • Best for accounts over 120 days. A debt collector calls debtor many times.
  • If everything fails, a possible Legal Suit if recommended by the attorney.

Collection agencies offer three types of services. Collection Letters service is a low cost fixed fees service and for accounts over 120 days past due, we recommend using the contingency-based Collection Calls and Legal Suit services. Normally the Legal Suit service is not a readily available option, a collection agency will recommend after talking to an attorney once all other measures have exhausted.

Instead of writing off the debt, the smart way is to let those people handle your accounts receivable who recover debt every day for various clients. They have many ideas and tricks to make sure the debtor pays if he can.

Mobile repair centers face increasing credit card dispute charges for the work done on cracked screens of popular brands like iPhone, Samsung. etc. Therefore it is crucial to get a written contract signed by the customer before starting the work.

Collection agencies are also able to perform collections in the Spanish language if needed.

Filed Under: Debt Recovery

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