Are Americans Arrested and Jailed for Owing Money?

I want to be very clear here. The answer is an unequivocal resounding NO!

A couple of months ago, the ACLU came out with a report which asserted,   “….Thousands are arrested and jailed each year because they owe money.”

Oh, please! I am pushing the BS button on this one. “There is not one consumer in this country that was put in jail for the failure to pay a debt. Our court system simply does not work that way.”  You don’t have to take my word for it.  The above statement is a direct quote from the National Creditors Bar Association’s response to the ACLU report.

The ACLU’s assertion that thousands of consumers are arrested and jailed each year because they owe money is displayed prominently in the first paragraph of their 97 page report. Later they actually get to the truth by writing, and I quote, “Laws in states and federal rules of civil and bankruptcy procedure expressly authorize debtors to be arrested and incarcerated for contempt of court.”  Wait, what? It’s not because they owe a debt, but because they were in contempt of court? BIG DIFFERENCE!

In the National Creditors Bar Association’s response, they said, “The ACLU’s report was not only factually inaccurate but was conveniently lacking in relevant truisms in an attempt to sensationalize unfortunate circumstances for individuals who fail to comply with court orders.” Yada, yada, yada…”Members of the NCBA as well as attorneys across this country know that in order for a court to send someone to jail in a civil matter, as opposed to a criminal matter, a complete and utter disregard for a court’s order must have occurred. Judges use this power sparingly otherwise the penalty for contempt would become superfluous.

Litigation is the path of last resort for a creditor.  The process is expensive and time consuming and results in a judgment only and not necessarily the payment of the debt. However, what the ACLU fails to recognize is that the courthouse can be the safest place for consumers if consumers chose to avail themselves of the ability to participate in the system. In court, a judge can supervise the conduct of an attorney and also ensure that the consumer, especially a self-represented consumer, has the required access to the protections the court can provide.”

Do you know what’s funny, ironic even, about the ACLU’s assertion that if you don’t pay your debt you will go to jail? If I said it I would be breaking the law!  That’s right, the Fair Debt Collection Practices Act (FDCPA) that was approved way back in 1977 explicitly prohibits debt collectors from making any threat that the nonpayment of a debt can result in arrest or jail.  Why? Because it is not true!

Each quarter our sister company, United Credit Service, Inc., puts out a newsletter. The 2018 1st quarter newsletter (vol. 6 issue 1) that went out in March was entitled: Fake News or News facts. Can you tell the difference? In it we discussed urban myths and false news stories, and how they pertain to us in the collection industry. As stated in the newsletter, some urban myths and false news stories are told to be entertaining, others are cautionary tales and still others are meant to control a narrative. Which category do you think the ACLU’s report falls into?

I think the NCBA said it best, ”The ACLU’s lack of understanding of the legal debt collection process including its failure to acknowledge federal and state laws which govern debt collection activity, court rules of procedure and the regulations imposed both at the state and federal level result in a report that lacked fundamental credibility, but more importantly hampers the ability of legitimate debt collectors to communicate with consumers to fairly and efficiently resolve their financial obligations.”

A. Alliance Collection Agency, Inc. is a full service, licensed accounts receivable management and debt collection agency providing highly effective, customized one on one management and recovery solutions for our business partners.  Founded in northern Illinois in 2005, we have been proudly improving the bottom-line on behalf of our business partners in and around Chicagoland for over 12 years.

 

 

The 3 Things You Should Offer Customers so You’ll Get Paid—Options, Options, Options

If you are a business that sends out invoices and then sits back and waits for the checks to come, there’s a lot you can do to improve your cash flow.

Remember the old adage about the three most important things in real estate and the answer is location, location, location. Well, the same thing can be said about collecting money owed to you. It’s all about the options people. Just think of options as being synonymous with opportunities. The more options you give your customers the more opportunities they will have to pay you!

There are many reasons why people don’t pay their bills. Some people (and businesses) are jugglers. You know the type, they want to pay their bills but sometimes have cash flow issues. They need to juggle their bills, paying some and leaving others up in the air, while they themselves wait to get paid. If you accepted credit cards as an option for payment, it’s true you would lose that small percentage you pay the credit card companies, (unless you pass that fee onto your customers) but you would be providing your customers with an opportunity to pay you (in full)  while they give themselves an additional 30 days to come up with the funds.

For some it’s a matter of convenience. I actually know people who let their bills get delinquent for no other reason than they never (read: rarely) get around to paying them. Seriously, I have a friend who actually paid a late fee every month on her electric bill just because she would wait until the last minute to make the payment. By the time she wrote the check, put it in an envelope, found a stamp, and sent it out, it was past-due and the late-payment fee would show up on her next month’s statement. It wasn’t just her utility bills she was delinquent on either. I know for a fact that her procrastination led to more than one of her accounts to be sent to a collection agency. I can also tell you a story about her late car insurance premium and a fender-bender, but I digress. For her, the answer was auto-pay credit card payments. She currently has as many of her accounts set up on auto-pay as she can. Now when she gets her statements—voila—she knows they will automatically get paid. At least the companies that offer auto-pay get paid. Catch my drift?

Now for me, that auto-pay feature is not practical, I’m too much of a control freak. I like to be in charge of the money that comes out of my accounts. Direct-deposit is good, I’m good (read: great) with people putting money in my account, but I don’t want people just taking it—even if I’ve authorized it. But, with that being said, I love an online bill-pay option, as long as I get to go in there and pull the trigger myself—it’s just so quick and easy!

For others money is tighter than ever and some just aren’t able to pay their bills in full. For these clients it’s important to be able to offer a payment plan. When setting up the payment agreement you should be clear that you are making a concession by allowing them to make payments and that it’s not something that can be done repeatedly.

Once you identify a client as having financial difficulties—act quickly. Chances are, if they owe you money they owe it to others as well. If you get your payment agreement offered first, you should get your money first. Also, remember you catch more flies with honey than vinegar. Even if you get frustrated, you should always act professional and treat people with respect.

If you’ve decided to offer a payment plan, review the clients account history before you get them on the phone. Come up with a couple of different payment plan options that you are comfortable with offering them. Then when you talk you can let them decide which option works best for them. That will improve your chances of getting paid in full.

Once you both are in agreement, put it in writing to avoid any misunderstanding or confusion. You want to be very clear about your expectation for payment. Have your client sign the new payment agreement and return it to you.

When a payment is received, send a response that: thanks them for the payment, lets them know the remaining balance, and when it is due.

There are typically two reasons people don’t pay their bills:  It’s either an ability to pay issue or a willingness to pay issue. The more options—opportunities—available, the more willing and able they will be.

A. Alliance Collection Agency, Inc. is a full service, licensed accounts receivable management and debt collection agency providing highly effective, customized one on one management and recovery solutions for our business partners.  Founded in northern Illinois in 2005, we have been proudly improving the bottom-line on behalf of our business partners in and around Chicagoland for over 12 years.