George Washington is a reluctant bill collector

As you can see GW has some problems collecting his debts with his tenants. This excerpt from Ron Chernow's wonderful biography titled, Washington, A Life. Once again, the detail in this book is the most copious ever found on this subject. He won a Pulitzer Prize for the book in 2010.

George built in his own Miranda warning:

"I would fain (with pleasure, or gladly) avoid this appeal, but if I am obliged to resort to it, remember that it is brought upon you by your own default"

Know your Collection Agency Rights...from a Collection Agency!

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Most of the time a person gets "abused" or upset over a collection agency's tactics, it's from a disreputable or very mismanaged collection agency. A legitimate agency will properly train their employees in all aspects of the Federal "FDCPA" or Fair Debt Collection Practices Act. This act was passed by the US Congress in the late 1970's.

BCA Financial Services and their managing director was there when this act was passed and has watched it evolve (via court cases and FTC intrepretations) over the years.

Over 3000 collection agencies in the United States belong to ACA International. This very respected trade association maintains a website to help individuals know their rights. It's called "Ask Doctor Debt."

You can also find Ask Doctor Debt by going to a collection agency's wesbite. Go to BCA Financial Services Consumer Page. There you'll find the link.

Try it.

Merry Christmas.

180 Degrees Around Weehawken, New Jersey

It's October 31, 2009. Time to take a break from the business of collecting.

New Jersey seems to have an infinite amount of beautiful vistas. Try this one, for example: Weehawken, NJ (the town that hosted the Burr-Hamilton duel)

You're moving your head from left to right 180 degrees. Click on a picture and you're standing in Weehawken, NJ and looking at Manhattan Island, NY.

Collection Lawsuit Update 2009 - NY - NJ - PA

2009 UPDATE--When the lawsuit is necessary to collect your money
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Since these are difficult economic times, we’ve heard recently from clients who want to employ various degrees of compassion for consumer debtors.

While your debtor may not have the ready cash, or any cash to pay your bill immediately, a plan should nonetheless be forthcoming. If it is not and you hear nothing from your debtor, you must consider a lawsuit to secure a Judgment (in District Court-NOT “Small Claims”) to protect your interest. More on why Small Claims court is not recommended later.

If they own a home, your court Judgment will have more weight than simply a credit bureau “derogatory.” Your docketed judgment will be a Judicial lien against that particular parcel (or any they may own in the state the judgment was taken) should they sell or become deceased.

After a Judgment is awarded, the Court Officer will “Levy” Herewith an explanation (although these can vary a bit from state to state.)

“Active Levy” – this is a court ordered levy that will always take assets away from the debtor. Usually these are assets that are cash (in a bank) or can easily be conveyed to cash, i.e. valuable artwork, collector car. Usually a judge will not order the sale of a debtor’s home to pay a debt, unless there are extenuating “fraud-type” or possible criminal circumstances. It can, in fact, happen for a debt, but it can be time consuming, unreliable and costly. Welfare benefits, Social Security benefits, SSI, Veterans' benefits or unemployment benefits cannot be levied upon. In New Jersey the only item that can’t be levied, other than the above benefits is clothing.

“Constructive Levy” – This is a “softer” levy. Assets are encumbered (liened) but are not sold. Your Judgment is a lien against, for instance an elderly debtor’s home and they will not have to pay during their lifetime (or until the home is sold, transferred, etc.). Judgments sit for 20 years in NY and NJ and can be renewed. Pennsylvania at 5 years, is much shorter, but can be renewed.
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If you don’t know of your debtor’s assets: While once again varying from state to state, the attorney can file an “Information Subpoena” or [obtain an] “Order for Supplemental Subpoena” (Discovery) to ask as many questions of the debtor regarding his assets until he is satisfied. If these subpoenas are ignored, our attorneys (if the claim warrants) can issue a Warrant of Arrest.

“Small Claims Court”: It is not recommended to use Small Claims Court for your collection suits as Small Claims Court may present problems for businesses. Other than the fact that SCC has the historical feeling of a consumer’s court, the judge must invoke Rules of Evidence and Rules of Procedure, which you would be unfamiliar with as a lay person.

Garnishment of a debtor’s wages (not in Pennsylvania): If place of business is known, or can be found, the Court Officer will be directed to the debtor’s employer to have funds deducted from his paycheck (provided he earns more than $127.50 per week in NJ).

See Also Older Blog: "To Collect Money Suit Should Not Be Your First Choice"

Creditors: Obtain Information Before Transaction!

BCA Financial Services Collection Agency Clients:

Start off 2009 on the right foot:

This past year at BCA Financial Services Collection Agency, we have seen literally hundreds of claims come in to our office with very little or no “back-up” information.Remember the last time you obtained a loan at a bank? You sat there and filled out numerous boxes of information so detailed that they can tell you the maiden name of your mother.

When you extend credit at your business, it’s not unlike a bank loan. While you may not need as much information as the above bank, you’ll need all the basics—plus: TRADE STYLE for business credit transactions and PLACE OF EMPLOYMENT for consumer transactions.

Protect your business – obtain information when giving credit.

End of Summer 2007: Money Collection Drought Soon Over.

Summertime can be the doldrums for the collection agency business (as well as your own company's internal collection efforts).

Debtors have been vacationing or otherwise preoccupied with summer goings-on.















The end is near!

While summer may be officially over about September 21st, Labor Day puts everyone back near their homes and jobs. Enough to pay attention to your calls and letters demanding your money.

So get back to work and keep your company healthy with cash-flow.

Meanwhile...

A BCA Financial Services rallying tip:


This past year at BCA we have seen literally hundreds of claims come in to our office with very little or no “back-up” information.

Remember the last time you obtained a loan at a bank? You sat there and filled out numerous boxes of information so detailed that they can tell you the maiden name of your mother. When you extend credit at your business, it’s not unlike a bank loan. While you may not need as much information as the above bank, you’ll need all the basics—plus: TRADE STYLE for business credit transactions and PLACE OF EMPLOYMENT for consumer transactions.

Protect your business – obtain information when giving credit.