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Avoiding Lawsuits Based on Debt Collection Practices

A commercial litigation attorney in Chicago Illinois can represent businesses when they are sued.   However, he or she can also provide advice about certain transactions to avoid an expensive lawsuit from arising in the first place.   Some tips that a commercial litigation attorney in Chicago Illinois may provide about debt collection includes:

Avoid Abusive Tactics

Federal laws strongly prohibit abusive tactics when attempting to collect a debt.   Prohibited activities include using obscene language, harassing conduct such as calling too early or too late, threatening criminal action or threatening civil action that cannot legally be taken.

Establish Clear Provisions

Late fees and service charges cannot be based in an arbitrary manner.   Typically, these charges must be disclosed and agreed by the parties at the time of making the contract, not after trying to collect on the unpaid debt.   Having a written contract with business clients or customers can help ensure that these fees and charges can be assessed.   All written contracts should be reviewed by a business lawyer.

Do not Discuss the Debt with Others

The debt should only be discussed with the debtor or his or her legal representative in order to avoid potential problems.   While it may sometimes be necessary to contact a third party in order to have communication with the debtor, the debt itself should not be discussed.   Additionally, if a debtor states that his or her employer does not want the debtor to be called at work, this should be respected in order to avoid problems.