Negotiating with Debt Collectors on Past Due Business Debt

Falling behind on business debt payments can be stressful–the constant calls from debt collectors, the threats of legal action, the damage to your business’s credit. It may feel like the debt collectors have all the power and you have no choice but to pay. But don’t despair–you have more options than you think when it comes to dealing with debt collectors. By understanding your rights and being prepared to negotiate, you can often settle business debts for less than the full amount owed. This article will walk you through the process step-by-step so you can take control of the situation.

Know Your Rights

Before negotiating, it’s important to understand your rights when dealing with debt collectors. The Fair Debt Collection Practices Act (FDCPA) regulates the behavior of third-party debt collectors (those collecting on behalf of another company). Key protections include:

• Debt collectors cannot harass, oppress, or abuse you – this includes threats of violence, obscene language, repeatedly calling you, or calling outside reasonable hours (before 8 am or after 9 pm).
• Debt collectors must honor written requests to cease communication.
• Debt collectors cannot discuss your debt with third parties except to acquire location information.
• Debt collectors must provide written validation of the debt if requested.

Knowing your rights gives you power when negotiating–you can end conversations if collectors cross a line. Review the FDCPA so you understand what collectors can and cannot do.

Request Debt Validation

Before paying anything, always request debt validation–written proof that you owe the amount claimed. Under the FDCPA, debt collectors must provide this if asked. Send a certified “debt validation letter” requesting:

• A copy of the original signed contract or other documents showing you’re responsible for the debt.
• An itemized statement explaining the full amount being collected, including principal, interest, and fees.

This serves two purposes: it can reveal mistakes/fraudulent collections, and it stalls the collector from taking action while they locate documentation. Review the documentation carefully–if anything seems off, you can dispute the validity of the debt in writing.

Assess Your Financial Situation

Before deciding how to address the debt, take stock of your overall finances:

• List all assets (cash, property, equipment) and their estimated values.
• List recurring income sources and average monthly amounts.
• List all other debts/liabilities and their monthly payments.

This helps you understand what resources you have available to put towards a settlement and your ability to make any proposed payments. Being realistic is key–don’t commit to more than you can afford.

Calculate a Settlement Offer

Debt collectors often accept less than the full balance owed. Use your financial overview to decide what you can afford to pay:

• If possible, offer a lump sum settlement – this saves the most money long-term.
• If you need time, offer monthly installments over 6-12 months.
• Aim for 20-50% of the balance – collectors often accept around 25% for charge-offs.
• Factor in fees/interest – pay more on recent debts accruing high interest.

Don’t start too low or make unrealistic offers. Prepare multiple offers in case you need to negotiate up. Any agreement should be affordable within your budget.

Negotiate with the Debt Collector

When you’re ready, call the debt collector to discuss settlement. Remain calm and firm throughout–show you take this seriously. Follow these tips:

• Note dates/times of all calls and names of representatives.
• Reiterate that discussions are to negotiate settlement offers only.
• If they become abusive, end the call.
• Start with your lowest offer and negotiate up if needed.
• Get any agreements for settlement terms in writing before paying.
• Request they remove any negative credit reporting of settled debt.

With preparation and persistence, many debts can be settled for a fraction of their original amount. Don’t let intimidation tactics scare you into accepting unreasonable terms.

Get Representation

If you aren’t making progress on your own, consider hiring a credit counselor or debt settlement attorney. They have extensive experience negotiating with collectors. Key benefits include:

• Better negotiating skills typically result in lower settlements.
• Legal knowledge protects you if collectors violate laws.
• Attorneys can defend you if legal action is taken.

Just make sure to verify credentials, services offered, and fees before hiring. While fees can be high, representation often saves money in the long run through better settlements.

Protect Yourself from Scams

Unfortunately, scams are common in debt collection. Protect yourself by:

• Never paying upfront fees – collectors can’t require this.
• Researching companies that contact you.
• Calling the original creditor to confirm if debt was sold.
• Reporting suspicious activity to the FTC and state authorities.

Avoid companies demanding immediate payment via hard to trace methods like gift cards. Legitimate debt can be settled without shady tactics.

Rebuilding Credit

Resolving collection debt can begin rebuilding your credit. To maximize improvement:

• Prioritize debts with recent activity–these impact scores more.
• Ask collectors to remove negative marks after paying.
• Dispute unresolved derogatory marks.
• Pay all current debts on time going forward.

Don’t expect an overnight fix–it takes time to recover from past mistakes. But clearing collections will help increase your scores over time.

Falling behind on business debts happens, but don’t let fear and shame prevent you from taking control of the situation. Understand your rights, assess your finances, negotiate firmly and reasonably, and don’t be afraid to get help from a professional. With time and diligence, you can put the situation behind you and move your business forward.

References

• How to Negotiate with Debt Collectors – Consumer Financial Protection Bureau
• How to Negotiate with Debt Collectors – Money
• How to Negotiate with Debt Collectors – Experian
• How to Negotiate with Debt Collectors – Step-by-Step Guide
• How to Negotiate with Debt Collectors – debt.org
• How to Negotiate with Debt Collectors – U.S. News