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Commercial debt collection is to provide debt recover service for organizations and individuals through lawful methods. Generally, debt disputes have the following forms:

1.        Individuals don’t pay back the money they borrowed;

2.        Companies’ malicious delinquency;

3.        No enforceable property; or enforcement cannot be performed due to various reasons;

4.        Cannot locate the debtor;

5.        Other forms of delinquency.

If you encounter one of the previous situations, you should promptly ask for help from professional debt collection agencies. We will take all legitimate and effective methods to recoup your losses and protect your legal rights.

Due to the protection of debtors by the “Fair Debt Collection Practices Act”, debt collection in the US needs professional legal knowledge and skills. If the debt collect agency takes any illegal actions, the debtor can initiate a lawsuit within one year. According to the US “Fair Debt Collection Practices Act”, the general regulations about debt collection are as follows:

1.        Debt collection agency may meet personally with the debtor, or contact the debtor by mails, phone calls, telegraphs, or faxes.

2.        Debt collection agency shall not contact the debtor at any inappropriate time, normally refers to the time period between 9pm to 8am, unless the debtor consents.

3.        Debt collection agency shall not contact the debtor at any inappropriate location, such as debtor’s place of work.

4.        Debt collection agency may contact third parties other than the debtor. When the debt collection agency to contact the third party, creditor should have the access to information about debtor’s domicile, phone number and place of work.

5.        Upon the request of debtor, debt collection agency must mail letters to debtor, noticing the amount the debt owned and name of the creditor. The letters should also inform debtor the actions to be taken if he or she believes that the described debt does not exist.

6.        If the described debt is not owned by the intended debtor and supporting evidence and documents have been issued, the particular debtor shall not be contact any more.

7.        If the debtor sends out written statement expressing his or her intent not to be contacted again, then debt collection agency shall not continue to contact the debtor, even if the debtor in fact owns the debt.

8.        Debt collection agency shall not harass or intimidate debtors.

9.        False information and misleading information shall not be used in the process the debt collection.

10.    Debt collection agency shall not use any unfair means.

Therefore, compared with practices in China, debt collection in US requires more professional services. Otherwise, not only the due debts may not be recovered timely, the creditor may be suited by the debtor. During the long-term practice, we have summarized a set of safe, legal and effective process of debt collection, which can be divided into three steps:

First Step: Telephone Collection

It is the first of our service to communicate with debtors be telephone calls. However, to avoid any further dispute, we will use polite language and tone to talk to the debtor and express the purpose of debt collection.

Second Step: Lawyer’s Letter

Unlike the usually used method of reminder letters if communications by telephone does not have good results, the next step in our debt collection program will be sending out lawyer’s letters.

Third Step: Lawsuit

If the debt is still not recovered after taking the above two steps, the debtor may involve in malicious legal responsibilities. It is then time to resort to courts, which is the final and the most important step in the whole collection procedure. We are a professional law firm and have a wealth of experience handling litigations.

We noticed that many promising debt cases were ended in failure because of the lack of legal knowledge in proceedings of the lawsuits. The main reasons include:

1.        Wrong plaintiff. For example, when the litigation should be brought by the subsidiary, it was wrongfully brought in the name of parent company.

2.        Wrong defendant.

3.        Limitation expires. There are numerous and detailed regulations about the calculation of limitation in laws, including the staring date, period of limitation, extension and suspension. If plaintiff sues after the expiration of the limitation for the case, his right is no longer protected by legal proceedings.

4.        Insufficient evidences. The burden of proof in civil cases is beard by the plaintiff. If the counsel doesn’t prepare sufficient evidences for the case, the claim will be rejected.

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