When Is a Debt Uncollectable?
A lot of small businesses decide not to turn over past-due accounts to a
lawyer or a collection agency until they've exhausted all the means at their
disposal to collect the accounts. But how do you know when you've reached that
point? When does a debt become uncollectable?
Here are some guidelines you can use for determining when a past-due account
should be turned over to a lawyer or a collection agency (assuming you want to
take that step):
- If the customer tells you he or she has no intention of paying the debt
and you can't do anything about the "why" (for example, the
customer won't give you a reason why), you've reached the point where you
need to turn the account over.
- Skip
tracing: if the customer disappears or ceases doing business, you still
have an option left: hire a professional skip-tracer. If the skip-trace
turns up nothing or turns up information that leads you to believe the
account is uncollectable, you should turn it over.
- Bankruptcy:
if the customer declares bankruptcy, you have to stop your collection
efforts. You should at this point discuss your options with a lawyer.
- If the customer gives you the appearance of wanting to work with you, but
never seems to come across with any money, your decision is more difficult.
The best way to approach it is to place a deadline on collecting. For
example, you could decide to turn over to a lawyer or a collection agency
any account more than 120 days old (for guidelines on determining which one
to turn it over to, see paying
lawyers and debt collectors).
- If the customer is one of those people who pays you just enough of the
debt to keep you off of his back, but who never gets around to paying you in
full, you have another difficult decision. On the one hand, if you turn the
account over, the customer may stop paying you anything. But on the other
hand, unless you turn it over, you're probably never going to be paid in
full. One way to approach this problem is, once again, to place a deadline
on collecting, but this time to make it a bit more generous than in the
previous example. In these cases, you could decide to turn over to a lawyer
or a collection agency any account that hasn't been paid in full for more
than 160 days (for guidelines on determining which one to turn it over to,
see paying
lawyers and debt collectors).