On April 16, 2013, Jeff Nicolet and Dan Reich led several roundtable discussions at the National Association of Elevator Contractors’ spring educational conference in Dana Point, California. The presentations focused on terms and conditions in contracts and maintenance agreements, lien and bond claims in construction projects, commercial litigation, attorney fees and liquidated damages. The engaging discussions involved various members of the elevator industry. [Read more…]
Credit Card Crisis: A Debtor’s Dilemma
Most Americans have used credit cards in some form or fashion – especially for vacations, car repairs, and sometimes for everyday expenses when money is tight. Unfortunately, these payments add up and, for many, become quite a financial hardship. What are your options in this situation? [Read more…]
Jeff Nicolet and Dan Reich to Present at the National Association of Elevator Contractors’ Spring Conference
On April 16, 2013, Jeff Nicolet and Dan Reich will lead several roundtable discussions at the National Association of Elevator Contractors’ spring educational conference. Their presentation, “Collections: Improving Your Cash Flow,” will focus on terms and conditions in contracts and maintenance agreements, lien and bond claims in construction projects, commercial litigation, attorney fees, and liquidated damages. The conference will be held April 13-16 in Dana Point, California. [Read more…]
Joint Bank Accounts: Fair Game for Garnishment
Joint bank accounts offer a convenient way for couples to budget, pay shared bills, and ensure easy access to the assets of the account, in the event of one person’s death. A joint account can also offer an exciting opportunity to solidify trust in a relationship. This excitement can quickly turn into a nightmare, however, when a judgment creditor has the account frozen due to one person’s debt. [Read more…]
Do My Goods Need a Passport? How About a Visa? – Part 1: Documentation Requirements
Companies both small and large have a strong desire to export their products abroad. Viable markets, proper infrastructure, product support needs, and ensuring payment are all incredibly important considerations, however once the decision has been made to ship, the question becomes how to ensure the product gets out the door and to its destination. [Read more…]
The Advantages of Using Electronic Credit Applications
Historically, most credit departments have provided their customers with paper credit applications, to be filled out by hand and carried or sent back, by fax or mail. This has been the common approach for decades. However, with the explosion of Internet use over the last ten years and its expanded capacity for rapidly moving information, transactions that used to be accomplished with paper are fast moving to electronic forms. One example of this occurred on September 11, 2001. [Read more…]
Your Rights Under the Fair Debt Collection Practices Act
Debt collectors have become an issue that many people have to face. Given the current state of our nation’s economy, many people find themselves unemployed, underemployed, or simply in a position in which they are unable to pay all their bills. This is a position in which no one wants to be, but have ended up in as a result of circumstances. While you may owe the debt legitimately, you are not without rights. Other times, companies may not have the correct records and send your account off to collections erroneously. Following is a list of protections on your side, no matter how you ended up having to deal with a debt collector. [Read more…]
Creditor Remedies in Minnesota and Other States: Confessions of Judgment
A confession of judgment, also known as a cognovit note, is an important tool for creditors in a number of states. They are powerful when they can be used, but not every state allows them. When allowed, a confession of judgment is essentially a promissory note that includes confession of judgment language. A confession of judgment allows the creditor to appear in court and easily obtain judgment against the debtor. [Read more…]
Collection Agency or Law Firm: Which Should I Use First?
This is a question that every credit person asks from time to time. The answer lies in understanding two factors: the type and amount of the receivable and the strengths and capabilities of the person you hire.
Collection agencies use special software and automated phone systems to systematically make calls and send letters requesting payment. This approach can be successful particularly when the dollar amount of the receivable is low and the number of transactions high. However, there are other instances in which having a law firm handling the receivable at the outset is prudent. [Read more…]
Know Your Customer
There are several steps you can take to become more cost effective in cash flow management. One of the easiest—and sometimes most overlooked—is to know your customer, and to update their information continually. Many customers who are behind on their account habitually make promises and guarantee dates and times for payment, but regularly fail to deliver on their promises and guarantees.
To help prevent what is commonly referred to as fraud by the customer, take the following steps to know your customer: [Read more…]