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It's often frustrating when we have called to a debtor numerous times and we can't seem to get past the receptionist. We're continuously told things like: He's not in; She's in a meeting; They won't be back until next week, etc.
Chances are that the receptionist is not only giving you the cold shoulder but many other creditors and their attorneys are getting the same treatment as well. In this situation, the old adage "kill the person with kindness" is so true, and making the receptionist feel good is how you just may get through to the person in charge. The next time you call the debtor and expect to get the standard runaround, under the right circumstances try one of the following approaches.
"Thanks for always being there. You're doing a great job."
"I really appreciate your position as you're probably getting several of these kinds of calls."
"Thanks for taking my call. It's always nice to talk with you."
...or any variation thereof.
You never know when a few words of kindness and appreciation will make all the difference between only being put through to voice mail or to actually getting a little bit of an inside heads up as to when to call back or how to contact the person in-charge.
Thomas W. Hamilton
Collection law: A little knowledge goes a long way
By Steven A. Harms
Often times a collector is on the phone trying to convince a delinquent debtor to pay up
for goods that were sold and delivered, but not paid for. The debtor often uses a
tactic of tying to throw the collector off track by claiming a "legal defense" to the claim.
A little legal knowledge on collection topics may go a long way to helping battle debtor
ACA International Research analyzes CFPB consumer complaints
The new ACA Research Department reviewed 14,328 complaints to determine trends, provide an
analysis of the information behind the numbers and share recommendations for improvement.
ACA International's Research Department has released a white paper analyzing 14,328
complaints received by the Consumer Financial Protection Bureau from July 2013 to mid-
February 2014. ACA plans to analyze this data on a quarterly basis and will keep members
informed of the findings.
Commercial debt recovery strategies when another creditor has a blanket security interest
By Steven J. Greeley, Jr.
Many challenges come with collecting a commercial debt. Even with a money judgment in hand, the only way to recover from a commercial debtor who is not willing to voluntarily pay is to enforce the judgment. The next problem that may arise is that another creditor — usually a financial institution — will hold a loan of the business and will have a blanket security agreement and UCC lien, which puts them ahead of the judgment and thereby prohibits items from being turned over in satisfaction of the judgment.
How solo attorneys get in the way of their own success
Law Firm Suites
Vivian Sobers is a commercial litigator pursuing a solo law practice right out of law school. Sobers' weekly blog series "Young, Hungry and Committed" documents the trials and tribulations of a young attorney navigating her way through the challenging world of self-employed legal practice. In this installment, she talks about how she is getting in the way of her own success.
The UDAAP Trap: Avoiding CFPB penalties for financial institutions using 3rd party services
By James McPhillips and Craig Saperstein
The Consumer Financial Protection Bureau has jurisdiction to enforce one of the simplest, yet most powerful, provisions in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010: "It shall be unlawful for any covered person or service provider to engage in any unfair, deceptive, or abusive act or practice." These "unfair, deceptive, or abusive" acts or practices have become commonly known in the legal and financial industries as "UDAAPs." Because Dodd-Frank primarily holds the large financial institutions supervised by the CFPB responsible for service provider behavior, these institutions should be aware of and guard against the UDAAP trap.
The Lindorff European Credit Outlook 2014
For the second consecutive year, Lindorff Group has issued its European Credit Outlook, which seeks to analyze and understand key future trends. Lindorff has conducted a survey of how key European markets may evolve. They have asked executives across Europe how they believe leading indicators in the credit market will develop. The feedback provides us with a unique insight into both micro and macroeconomic conditions across the continent.
IRS violated procedures in trying to collect from bankrupt taxpayers
The Internal Revenue Service did not always follow established procedures when trying to collect taxes from taxpayers who had declared bankruptcy, according to a new government report.
|What our clients have to say:
We consider the ALQ to be our partner in the triadic system. Tom, Nancy and Jeremy have frequently recommended our firm to agencies, helped us make important introductions at conferences, provided us with leads through e-mail correspondence, offered advice on our coverage of the state and have continually kept us updated about changes in the collection industry. Whenever we have a collection-related issue, we can count on the folks at ALQ to promptly address our concerns. We value and respect the 75 year relationship our firm has enjoyed with ALQ.
— Joseph M. Shur, Esquire, Relin, Goldstein & Crane, LLP, Rochester, N.Y.
I have forwarded claims over the ALQ for over twenty years and I have been impressed with their professionalism and attention to customer care. Tom Hamilton and Jeremy Brown have always been available to address any service need I may have. I look forward to working with them in the years to come.
— Sandi G. Henderson, Szabo Associates Inc., Atlanta
American Lawyers Quarterly eNews
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Thomas W. Hamilton, Executive Vice President, ALQ
Colby Horton, Vice President of Publishing, 469.420.2601
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Ryan Clark, Content Editor, 202.684.7160
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March 19, 2014
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