The Eagle
Dec. 25, 2013

Playing a high-stakes game
By Dwayne Banasiak, AvantGard
From Sept. 18: Buying debt, whether it's medical, credit card or telecom/utilities, can be equated to the American reality television series, "Storage Wars," in which participants bid on abandoned items in a storage locker. The show's narrator explains, "When storage units are abandoned, the treasures within are put up for auction." More

After the judgement
By Daniel Spilotro, Spilotro Law Group, LLC
From Sept. 18: It is often said that getting a judgment is half the battle. Collecting a judgment is the other half. Of the two, collecting the judgment is the more difficult aspect. Enforcing a judgment can require a light or heavy hand. It all depends upon the debtor's cooperation or lack thereof. More

Policies and procedures ... and how they can increase your bottom line!
By Susan A. L. Marston, MBA, CEO, ConnecTGo, Inc.
From Sept. 18:
Many small businesses are so wrapped up in the day-to-day running of the business and often miss out on the bigger picture! While that is understandable to some degree, they should still be vigilant as to what is occurring in their own industry and marketplace. Owning and managing a company in addition to the provision of its services, is no easy task. More

Evaluating your claim for suit
by Steve Harms
From Feb. 6: Collection efforts have not been successful in collecting your past due balance, and you are considering a collection law suit against your debtor. The purpose of this article is to review some of the practical considerations in evaluating your claim for suit. More

Piercing the corporate veil: A general overview of the exception creditors can use to find individual shareholders liable for corporate debts
by David S. Brown, Esquire
From March 6:
A fundamental rule of corporate law is that shareholders, officers and directors are not liable for the debts of the corporation. In this respect, individuals find the corporate form useful because it creates a division between shareholders and their business concerns. Simply put, the corporate form insulates individual shareholders from being held liable for corporate wrongdoings or debts. The Ohio Supreme Court summarized this concept by stating that, "the corporate form has been introduced for the convenience of the company in making contracts, in acquiring property for corporate purposes, in suing and being sued, and to preserve the limited liability of the stockholders, by distinguishing between the corporate debts and property of the company, and of the stockholders in their capacity as individuals." More

The ABCs of telephone collections
by Bob Tharnish
From April 17: Effective telephone techniques can make the difference between a failed attempt and a successful collection. An experienced collection professional makes the rules of the game as simple as A-B-C, highlighting techniques of the trade which will provide a useful primer for new collectors, as well as a helpful reminder for those more experienced. More

Consideration of IRS Form 1099-C in the settlement of disputed debts
by Eamonn N. Sullivan and Donald W. Seeley, Jr.
From May 15: Collection attorneys are in the business of settling disputed debts. Typically, two factors drive these settlements: The settlement figure and the payment schedule. The parties negotiate their settlement, payments are made and the debt is settled. Or is it? In addition to honoring the settlement terms, certain creditors have federally imposed requirements to report settled debt to the IRS. These obligations exist even when the debtor disputes the debt and may result in additional tax consequences for the settling debtor. At the heart of this issue lies IRS Form 1099-C. More

Being a witness at a collection trial: Common concerns
By Steve Harms
From May 29: Rarely do collection cases go to trial. That's a good thing because providing a witness, or being a witness is an inconvenience at best, and a real strain at worst (where the case is heavily disputed). This discussion covers some of the common questions asked by people who may have to testify at a collection trial. More

6 steps in the US collection suit process what to expect
by Robert M. Tharnish, Vice President, Corporate Quality and International
From July 10: What actually happens once an account is submitted to an attorney for suit? Here's a brief summary of six steps that describe the process from the decision to sue to its outcome. More

House bill offers technical fix to FDCPA for collection attorneys
From Aug. 21: A bill introduced recently in the U.S. House of Representatives would exempt debt collection attorneys from the Fair Debt Collection Practices Act "when taking certain actions." The bill's supporters say that it is a technical fix that does not erode the consumer protections of the FDCPA. More