Commercial debt collection or B2B collection involves two business entities, one of which owes money to another. Your debtor is far more likely to pay when a third-party commercial collection agency is involved.
The success rate in commercial collections is quite impressive. Most accounts that are less than one year old see an average recovery rate of approximately 80% on viable claims ( Less than 1 year old, and proper supporting documentation provided).
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The longer you wait, quite likely they may have gone out of business by now. Engaging n experienced B2B collection agency enhances the likelihood of maintaining a positive relationship with your client. It also helps avoid the high costs associated with litigation and judgment enforcement.
Our Commercial Debt Collection Methodology
- No Recovery – No Fee: If a commercial collection agency work on a contingency fee model, means if it does not recover money for you, they will not make any money either.
- Documentation and Primary Contacts: Apart from the core documentation, you may have emails or phone recordings in which the debtor could have acknowledged the debt. Tell your collection agency precisely who you think should be reached out to resolve this debt.
- Customized Strategy for Each case: An experienced commercial debt collector will analyze your case and develop a custom collection strategy. He will call your defaulter and get him talking. The collector may even email, fax,message or send certified mail to get your debtor’s attention. They explain all the consequences of not settling the debt.
- Initiation: Talk to client and identify the actual cause of non-payment and devise a plan for payment. The collector will decide the optimal time and contact for calls or emails, and will judiciously escalate pressure as needed. If a client blocks one number, call is made from a different number. A commercial collector employs various strategies to expedite debt recovery.
- An aggressive approach usually does not work: A well-planned diplomatic approach protects the business relationship, your debtor is approached with dignity and respect. A well-calculated intensive approach can be used later to resolve debts if your debtor does not cooperate with us.
- Send Legal Notice: If all amicable collection efforts fail, a notice may be sent through an attorney (in-house lawyer or a partner law firm). This puts tremendous pressure on your debtor to settle the debt.
- Final chance to settle: Most cases are settled even before a case is filed in court. Legal action is pursued only after written authorization from you.
- Final Negotiation: If the debtor proposes a settlement offer lower than the original amount due, it is accepted only after your approval ( also known as Settle-in-Full authorization).
- Court Order and Enforcement: Once a favorable judgement is achieved, we take several actions to enforce it and get paid. The collected amount (minus the contingency fees) is remitted into your bank account via ACH transfer or by mailing a check.
- Credit Reporting: Just like individuals, businesses also have credit scores. Commercial collection agencies can report debts to business credit bureaus ( ex: Moody’s Experian and Dun & Bradstreet). This can impact a business’s future ability to obtain loans and business prospects.
- Duration: Most cases are resolved within 40-45 days. However, some may last for a few months if a court order is required. The commercial debt collector may also negotiate a payment plan if required.
Ongoing Checks: Commercial collection agencies use advanced tools to track significant changes to your debtor’s business credit profile. Debt collectors can find business owners’ alternate addresses and telephone numbers using skip-tracing tools. A commercial collection agency may also find a recent summary of your debtor’s payment activity with other creditors to further strategize their collection efforts.
Good News – There are no federal “Statute of Limitations” for commercial debt.
Commercial Collection Agency Fees:
Commercial collection agencies have a low-cost contingency fee model; No recovery means No fee is charged. The collection fee for each case is communicated in advance and primarily depends on three factors: Age of debt, Balance Due, and Complexity. The contingency fee is usually between 20% and 40% of the collected amount. Accounts with lower balances or those older than one year have a slightly higher contingency fee. Here is a rough estimate of what a typical commercial collection agency fees are:
| Contingency fee (Based on Account Age and Amount Assigned) | ||||
| Age < 90 days | 25% | 20% | 15% | 10% |
| 90-180 days | 30% | 25% | 20% | 15% |
| 180 days – 1 year | 35% | 30% | 25% | 20% |
| Age >1 year | 40% | 35% | 30% | 25% |
| Amount Assigned | $500- $5k | $5k- $20k | $20k- $100k | $100K + |
Comparing Consumer (B2C) vs Commercial (B2B) Collections
Consumer (B2C) collections focus on recovering debts from individual customers, often requiring a delicate, customer-centric approach. In contrast, Commercial (B2B) collections involve reclaiming debts from businesses, typically demanding a more formal, contract-based strategy.
When selecting a commercial collection agency, consider factors like their experience, success rate, tactics they use, whether they have proper licensing and accreditation, and reviews or references from other clients. All commercial agencies must follow the Uniform Commercial Code (UCC).
Legal and regulatory collection laws
Consumer debt collection is largely governed by federal laws, such as the Fair Debt Collection Practices Act (FDCPA), and some state regulations.
A commercial debt collection agency is entirely exempt from most of these laws because these laws aim to protect consumers than businesses.
As of April 15, 2022, CFPB Director Rohit Chopra hinted at the possibility of expanding FDCPA laws to commercial debt.
Relationships matter: Negotiate for better recovery.
Understanding your legal options thoroughly is crucial, but avoiding litigation is often the preferable course of action. Encouraging amicable discussions for settling debts can lead to more productive recovery outcomes, and may even preserve ongoing business relationships. If you find yourself dealing with a business customer who has overdue obligations, aim to steer clear of confrontational approaches. Instead, focus on collaborating to find a mutually beneficial solution to the problem.
Blurring the line between personal and commercial debt
A commercial collection agency has fewer restrictions; however, many commercial debts are backed by a personal guarantee. When the collections process moves to the enforcement stage, such as levying against bank accounts and other assets, you may be limited by the individual guarantor’s rights.