WHICH IS BEST- A LAW
FIRM OR A COLLECTION AGENCY?
It depends on what you need, and on
the nature of the debt recovery problem you face.
Collection agencies are perhaps
like sprinters; law firms are more akin to long distance
runners.
Collection agencies are geared
toward fast turnover and rapid recovery of debt. Their
salespeople and collectors are most often paid on commission,
and if and only if accounts are recovered. Their people
generally have no training in the law, and their goal is to
“liquidate” the debt by securing full or part payment in a short
period of time.
Law firms are more “geared” toward
litigation. Their personnel are mostly salaried and may work
only on an hourly basis- though many in the industry do work on
a “contingency” basis. As a result of their higher internal
costs and greater emphasis on lawsuits, results may take longer,
but the incentive to accept partial payments or settlements may
be less.
I have told my clients for years
that if the reason for non-payment of a debt is essentially a
dispute that is A LEGAL QUESTION by its very nature, the better
course of action is to forego a collection agency, and go
directly to a law firm. The matter will likely wind up in he
hands of an attorney anyway, and you will avoid the time “lost”
by trying to have an agency, that is without legal training or
knowledge, trying to resolve A LEGAL QUESTION. The same goes for
disputes that are likely to wind up in court anyway, because of
the nature of the relationship between the parties or otherwise.
Stated simply, if for any reason the matter is going to wind up
in court anyway, the best course of action is to get it there
ASAP, while memories are fresh and documentation has not been
misplaced.
If, on the other hand, the matter
is “resolvable” by someone without legal training and knowledge,
agencies are more often able to act faster than law firms to
resolve the problems and engineer a solution.
THE “COLLECT WORLDWIDE/DAVID A.
HAYS, PLC SOLUTION”
International collections often do
not lend themselves well to resolution through the local Courts
of Law. Laws differ significantly from country to country, and
resolution by the court is even more of a “last resort” than
when both the creditor company and the debtor company are both
located in the same country. For this reason, debt recovery by
relying principally on lawsuits, in the international arena, is
not a good idea. The optimal combination is a law firm, with the
necessary legal knowledge and background that nevertheless has
the dexterity and nimbleness of a collection agency.
We are THE EMBODIMENT of this
solution! Collect World Wide/David A Hays, PLC is a law firm,
licensed and a member of the Arizona State Bar, bringing to your
debt recovery problem all of the legal knowledge, training,
background and experience of a LAW FIRM. But we also bring to
you debt collection issue highly trained and successful
collectors, each with many years of experience in the industry,
whose training and background come from the COLLECTION AGENCY
side of the industry. They, like Collect World Wide/David A.
Hays, PLC itself, are paid only upon our being successful on
behalf of our clients.
WE DO NOT GET PAID UNLESS YOU GET
PAID. WE TAKE THE SAME RISK AS OUR CLIENTS, AND HAVE THE SAME
INCENTIVE TO ACHIEVE A SUCCESSFUL DEBT RECOVERY AS YOU DO.
In fact, we take MORE of the risk
than our clients, given that WE ALONE ARE RESPONSIBLE FOR AND
PAY THE COST and pay for any pre-litigation out-of-pocket costs
that become necessary to collect your account.
THE BEST OF “BOTH WORLDS”- The
Collect World- Wide/David A. Hays, PLC debt recovery
solution!