Rogers Law Offices Rogers Law Offices 2026-10-13T10:01:55Z https://www.berlawoffice.com/feed/atom/ WordPress /wp-content/uploads/sites/1605166/2020/06/og-image-2017-02-09-01-41-24-75x75.png On Behalf of Rogers Law Offices <![CDATA[5 mistakes small businesses need to avoid when collecting debt]]> https://www.berlawoffice.com/?p=47155 2026-10-13T10:01:55Z 2026-10-13T10:01:55Z Demanding an unverified balance An inaccurate demand can weaken your negotiating position. For example, missing a partial payment could lead you to seek money your customer already paid. How to avoid this: Before reaching out, check your contract, invoices and payment history. Confirm the balance and responsible party, then prepare an itemized statement explaining each charge.

Losing track of communications

Even a correct balance may not prevent disputes over repayment terms. If your customer promises three installments by phone, different accounts of that call could hinder enforcement of the agreement. How to avoid this: Keep dated call notes with emails and letters in one file. Document proposed repayment terms and get your customer’s written acceptance before relying on a revised schedule.

Assuming every debt follows the same rules

In Georgia, the attorney general distinguishes consumer and business debts. The federal Fair Debt Collection Practices Act (FDCPA) excludes business debts and generally does not cover creditors collecting their own accounts. How to avoid this: Identify the obligation’s purpose and who will pursue it. If you hire an agency to collect consumer debts, check how it handles required notices, disputes and limits on contact.

Using threats or public pressure

Even when the FDCPA does not apply, threats or abusive collection tactics can expose your business to other legal claims. Falsely accusing a customer of fraud online could prompt a defamation claim for harming their reputation. How to avoid this: Keep your messages private and professional. Contact the customer, an authorized business representative or their lawyer instead of pressuring family members. Describe planned enforcement honestly, without threatening arrest or claiming you have a judgment when you do not.

Delaying review of unpaid accounts

Repeated reminders can take up staff time without bringing in money. Delays may also risk missing the filing deadline for your claim. How to avoid this: Set follow-up dates and a point for assessing unresolved accounts. Review any contract terms that require notice and check your deadline before deciding to sue.

Why you may need a measured recovery strategy

A careful approach can help you weigh potential recovery against the expense of pursuing it. Consider the customer’s ability to pay alongside the time and fees involved in further collection efforts. That assessment may guide which overdue accounts you prioritize. An attorney can then review the evidence supporting those claims and advise on settlement terms.]]> On Behalf of Rogers Law Offices <![CDATA[What creditors can do when a debtor files for bankruptcy ]]> https://www.berlawoffice.com/?p=47145 2026-08-13T13:33:29Z 2026-08-13T13:33:29Z Stop collection activity The automatic stay is a federal injunction that generally takes effect when the debtor files a petition. It pauses most attempts to collect obligations that arose earlier. Once you receive notice, alert employees, collection agencies and counsel so they can suspend any covered efforts. Exceptions exist, but relying on one without confirming that it applies may expose you to damages and attorneys’ fees. State authorities can also recognize this broad federal restriction. In Georgia,  the automatic stay may prevent creditors from pursuing collection once a debtor files a petition. This federal protection generally applies throughout the state’s bankruptcy districts.

Review the case and file your claim

Check the chapter, case number and deadline. Compare the debtor’s schedules with your account records. A discrepancy may reveal a dispute over the amount, basis or classification of your claim. Official Form 410 records the debt as of the petition date. Use that form, attach supporting records and redact protected personal information. Review the court notice for the bar date, as the applicable deadline often depends on the chapter and the circumstances of the case. In a no-asset Chapter 7 case, however, the notice may instruct unsecured creditors not to file unless the court later sets a deadline.

Request relief from the stay

If collateral is losing value or lacks insurance, you may ask the judge to lift or modify the stay. You can also seek relief when the debtor has not adequately protected your interest. To make this request, file a motion for relief from the automatic stay. Filing the motion does not automatically permit immediate enforcement. You generally must wait for the court’s order. Evidence supporting your request could include lapsed insurance or missed payments.

Use a collection lawyer to present your position

A collection lawyer can classify your debt, prepare an accurate proof of claim and respond to objections. Counsel can also evaluate adequate protection and support a stay-relief motion with financial records. Depending on the case, you might attend the meeting of creditors, object to plan treatment or file a timely adversary proceeding over dischargeability.

How a measured response can preserve valuable rights

Bankruptcy replaces ordinary recovery efforts with a structured proceeding. Careful participation can strengthen your ability to seek available funds or enforce a valid interest in property. However, missed deadlines and procedural errors may limit that opportunity and carry serious consequences. Timely legal guidance helps you comply with judicial restrictions, present reliable evidence and choose a proportionate response.]]> On Behalf of Rogers Law Offices <![CDATA[Beyond the Final Notice: 5 Signs Your Business Needs a Collection Attorney]]> https://www.berlawoffice.com/?p=47142 2026-07-22T15:42:35Z 2026-07-22T15:42:14Z Unpaid invoices can quietly erode your cash flow while you await payment. You have dispatched reminders and placed follow-up calls. The balance still lingers, unresolved and stubborn.

When to escalate from reminders to legal action

Most businesses begin with cordial reminders, follow-up calls and final notices. Such measures resolve many accounts. When they falter, the difficulty often runs deeper than a distracted debtor.  A collection attorney can exert formal legal pressure that internal staff cannot replicate. The proper moment for that transition is seldom obvious. Internal teams often lack the leverage to compel a response. A formal legal demand carries weight that a routine invoice does not. Many debtors reassess their stance once a lawyer becomes involved. Several warning signs suggest your internal collections have exhausted their usefulness. Here are some of them:
  • Aging invoices: An account 90 to 120 days delinquent rarely resolves unaided.
  • Disputed claims: A debtor contesting your goods or services may warrant a legal response.
  • Suspected fraud: Bounced checks or evasive contact can signal deliberate avoidance.
  • Hidden assets: A debtor quietly dissolving operations may be concealing money.
  • High balances: A substantial debt can justify the expense of formal pressure.
Any single pattern can indicate that a collection attorney may furnish genuine value.

Why the timing of your claim matters

The right to sue does not endure indefinitely. Every state constrains how long a creditor may wait. Tennessee imposes a rigid deadline on these claims. Under Tenn. Code Ann. § 28-3-109, your business retains six years to file suit on a written contract. That interval commences the day a payment becomes late. You may forfeit access to the courts should you exceed this window. A missed deadline can convert a valid debt into a loss. Prompt action preserves more of your options. 

Where your business goes from here

Overdue accounts divert your attention from operating the business. The signals above mark the junctures where internal efforts may prove inadequate. This timing governs how much of the debt remains recoverable. Should your case grow more complicated or contested, a collection attorney may help you weigh your options. ]]>