A Guide to an Amicable Divorce

Hiring a collection law firm instead of a collection agency to collect your debts can be to your benefit. Customers with delinquent accounts may take a law firm more seriously. Collection attorneys have more knowledge about HIPAA rules, credit-reporting rules, and federal debt collection laws. A law firm can legally represent you should you decide to take legal action against the debtor.

However, despite the advantages, there are numerous factors you need to consider since the law firm will be representing your business, which will reflect on your reputation:

1. Inquire about the law firm's ethical standards in conducting business. For example, ask how the firm safeguards personal confidential data contained in your customer accounts.

2. Ask how the firm handles account disputes. For instance, does the collections lawyer compile a delinquent customer's payment history (when payments were due and made), correspondence history, and history of any adjustments made to the account in preparing to respond to disputes?

3. Ask how the firm's collectors talk to debtors on the telephone. In other words, are collecting agents courteous in their attempts to convince customers they owe you money?

4. Request to see a copy of the letter the law firm will mail to your customers who have delinquent accounts. Take note whether the tone of the letter is firm, implying that further action will follow if the customer does not make payment.

5. Ask if the collections attorneys are members of a trade association such as the Association of Credit and Collection Professionals (ACA International). Members agree to follow the ACA's code of conduct in applying high ethical standards in the practice of debt collection.

6. Check with the state attorney general or Federal Trade Commission to find out if a collection law firm has had complaints or grievances filed against it for violating the Federal Fair Debt Collections Practices Act (FDCPA). As attorneys, the firm's collectors should be knowledgeable about state debt collection laws and the FDCPA, which protect consumers from unreasonable harassment or mistreatment by debt collectors. If a debt collector violates the law, it may face fines and you could have a case for civil damages.

7. Verify that the law firm complies with the licensing laws in the state where a debtor resides. Check with a state's Department of State, Division of Corporations to confirm that the debt collector is licensed to operate in that state.

Business Details

Finding out how a law firm deals with debtors is just one aspect of hiring a third-party collector. You need to know how the collection law firm prefers to receive information about your customers who have past due accounts as well as how you will be paid when the collector gets your money.

1. Find out how the business law firm wants you to transfer the information regarding delinquent accounts -- whether electronically or by providing copies of invoices and billing statements.

2. Ask how you will be paid after the law firm collects on a delinquent account. In addition, find out how long it will take for you to be paid. For example, will you receive recovery payments monthly?

3. Inquire how the firm will charge you if you decide to stop collection on a particular customer's account. The firm may already have time and paper work invested.