debt recovery

Each year, the FAFSA (Free Application for Federal Student Aid) form for the next academic year becomes available on October 1. That means, if you plan on starting college in the fall of 2025, your FAFSA form will be available on October 1, 2024 and will be due on June 30, 2025 by 11:59 p.m. CT. Each October, the FAFSA is available for the next school year. It is best to fill it out as early as you can because some aid is first come, first served.

FAFSA – Title IV what covers

– Direct Subsidized/Unsubsidized Loan
– Direct Graduate PLUS Loan
– Direct PLUS Loan
– Pell Grant
– SEO Grant – Supplemental Educational Opportunity Grant (SEOG) additional grant money to students that demonstrated financial need.

Title IV Allowable Charges
– Tuition
– Mandatory Fees
– Room & Board, if contracted with the University

Case Study of a College

We get a call from the CFO of a University in East Coast expressing the need to recover money from the students, but that they wanted to do it different than what we typically do because they wanted to go after ACTIVE students.

We explained that the best way would be with STEP 2 (fixed fee collections), but he said they did not have the personnel to take care of all the inbound calls. They wanted traditional collections. Most Universities and Colleges will not pay a high commission for this product.

We were very clear in explaining that those students that brought in documents to fulfill their obligations with FAFSA to us, there would be charge a commission for the amount paid by the federal government to the university if we were to handle those cases.

They submitted 3,600 students totaling 6M Dollars.

2,000 active students that owed some type of FAFSA documents to be eligible to receive Title IV money.

Hundreds of students re-enrolled back to the college moment they realized that a collection agency is involved. Our approach was not to threaten them, but politely explain them that if they took the relevant documents back to the college and re-enroll, all their tuition debt will be wiped off, else they will be personally liable for the unpaid student fee. These were the same students who never responded when college sent them countless demands via phone calls and printed invoices, as students were not taking the college staff seriously earlier.

Students who did not re-enroll, went through the standard collection process.

We have successfully implemented this model across several universities. We have recovered millions of dollars for colleges in the last couple of years.

Here’s a comprehensive guide about deciding when to outsource debt collection, combining the best insights and strategies for businesses:

Understanding the Need for Debt Collection Services

• Delinquent accounts: When customers fail to pay on time, it creates delinquent accounts that disrupt cash flow and impact your bottom line.
• Internal resource constraints: Chasing payments can be time-consuming for your in-house staff, diverting them from other essential duties.
• Specialized expertise: Debt collection agencies have specialized skills in negotiation, legal compliance, and skip tracing (finding debtors who have moved).

Signs It’s Time to Outsource Debt Collection

1. Aging Accounts Receivable: If your accounts receivable are getting older (e.g., over 60 or 90 days), the likelihood of collecting them decreases. Outsourcing can improve recovery rates.
2. Broken Promises: Clients who repeatedly break promises to pay are likely to continue doing so. A debt collection agency sends a clear message of seriousness about payment.
3. High Volume of Delinquent Accounts: If your business has a significant number of unpaid invoices, outsourcing can provide the dedicated resources to effectively manage the process.
4. Lack of Internal Resources: Smaller businesses may not have the time or staff to focus on persistent debt collection efforts. Third-party agencies free up your team to focus on core business activities.
5. Avoidance of Contact: Debtors who ignore your calls and emails are often best addressed by the persistence and strategies used by collection agencies.
6. Need for Specialized Skills: When complex negotiation, legal knowledge, or skip-tracing is required, collection agencies have the expertise and resources to handle it.

Factors to Consider When Choosing a Debt Collection Agency

• Fee Structure: Understand if they charge a flat fee, a percentage of collected debt, or a contingency fee (paid only if they successfully collect).
• Success Rate: Inquire about their success rates and compare them to industry averages.
• Reputation: Choose an agency with a strong reputation for ethical collections practices and compliance with the Fair Debt Collection Practices Act (FDCPA).
• Industry Specialization: Some agencies specialize in particular industries, such as healthcare or B2B. Consider this for optimal results.
• Communication and Reporting: Ensure they provide clear reporting and communication, keeping you informed throughout the process.

Advantages of Outsourcing Debt Collection

• Improved Cash Flow: Outsourcing leads to faster recovery of debts, improving your cash flow position.
• Freed-Up Resources: Your internal team can focus on revenue-generating activities rather than debt collection.
• Expertise and Efficiency: Specialized debt collection agencies have the resources and skills to maximize recovery rates.
• Legal Compliance: Reputable agencies ensure adherence to legal regulations, reducing your liability risks.
• Preserving Customer Relationships: Professional collection agencies can often maintain positive customer relationships while pursuing outstanding balances.

Cautions

• Potential Damage to Brand Reputation: It’s essential to select an agency committed to ethical and respectful debt collection.
• Loss of Control: You may have less direct control over the process compared to internal collection efforts.
• Costs: Factor in fees, and ensure the potential benefits outweigh the costs of outsourcing.

In Conclusion

Outsourcing debt collection can be the right solution for businesses facing challenges with overdue payments. If you’re seeing the signs of strained resources, uncollected debt, and broken payment promises, consider partnering with a reputable debt collection agency.

• All medical collection agencies must be HIPAA, FDCPA and GLBA compliant. Without these compliance, they cannot pursue collections.
• If a patient disputes the debt or asks for proof of debt owed, a collection agency must provide adequate documentation, else stop collecting the debt.

Credit Reporting Changes as of July 2022 and April 2023

• Paid medical debt: Collections that have been fully paid no longer appear on credit reports.
• Collection waiting period: Unpaid medical debt now must be in collections for at least one year before it can be reported to credit bureaus. This gives you more time to resolve the debt before it harms your credit.
• Small debts under $500: Medical debt collections of less than $500 will no longer appear on credit reports.

Additional Considerations

• Impact on scoring models: Some credit scoring models, like VantageScore, have completely excluded medical debt in collections from their calculations. This means medical debt can have a reduced impact on patient’s credit score overall.
• State-level regulations: Some states have additional restrictions on how medical debt can be reported, including shorter waiting periods or restrictions on reporting debt for those covered by certain insurance plans.

No Harassment and Intimidation

• Excessive contact: They cannot call patients repeatedly, at odd hours, or contact your workplace if you’ve asked them not to.
• Threats: This includes threats of arrest, jail time, wage garnishment, or any action they don’t have the legal power to take.
• Abusive language: They cannot use profanity, insults, or personal attacks.

No Misrepresentation

• Pretending to be law enforcement or government agents: This is a serious offense.
• Misrepresenting the amount owed: Inflating the debt or adding unauthorized fees is illegal.
• Lying about their identity or the nature of the debt: They must be truthful about who they are and the debt they’re collecting.

No Unfair Practices

• Contacting third parties: They generally cannot discuss your debt with employers, family, or friends (unless you provide specific permission).
• Publicly shaming you: Posting about the debt on public forums or otherwise trying to embarrass the debtor is prohibited.
• Suing patients for a time-barred debt: There are statutes of limitations on medical debt, and they cannot legally pursue debts beyond that time frame.
• Reporting the debt to credit bureaus without first attempting to collect from the debtor: They must make good-faith efforts to collect directly from you before negatively impacting the patient’s credit report.

Here’s a breakdown of the most important factors restoration companies should consider when choosing a collection agency.

Key Considerations

• Industry Experience: Look for an agency with experience in the restoration industry. They’ll understand the unique challenges and nuances of collecting debts related to property damage and insurance claims.
• Fee Structure: Make sure you clearly understand the agency’s fees. Common models include:
  • Contingency-based: A percentage of the recovered debt.
  • Flat-rate: A fixed fee per account.
  • Hybrid: Combination of the above.
• Success Rate: Ask about the agency’s proven track record of successful debt recovery. Inquire about success rates specific to your industry, if possible. Is there an option of credit bureau reporting?
• Compliance: Ensure the agency operates in full compliance with debt collection laws and regulations like the Fair Debt Collection Practices Act (FDCPA). This protects your company from potential legal issues.
• Reputation: Research the agency’s reputation through online reviews, Better Business Bureau ratings, and industry associations.
• Communication Approach: Understand how the agency communicates with your customers. Their approach should be professional and respectful while still being effective.
• Reporting: Inquire about the level of reporting and transparency the agency provides. How frequently will you receive updates on account statuses and collections progress?
• Technology: Does the agency utilize modern technology and software to streamline collection efforts and skip-tracing (locating debtors)?
• Insurance and Bonding: Ensure the collection agency has Errors and Omissions (E&O) insurance and is bonded. This protects you in case the agency makes a mistake that leads to legal action against your company.
• Ethical Practices: Make sure the agency adheres to ethical collection practices. They should treat debtors fairly and with respect, avoiding any practices that could harm your reputation or lead to legal trouble

Questions to Ask Potential Collection Agencies

1. How much experience do you have within the restoration industry?
2. Can you provide references from other restoration companies?
3. What is your fee structure, and are there any additional charges?
4. What is your average success rate for collecting debts in the restoration industry?
5. How do you ensure compliance with state and federal debt collection laws?
6. How will you communicate with my customers during the collection process?
7. What kind of reporting and updates will I receive on the progress of my accounts?
8. What technologies do you utilize for debt collection and customer communication?

Additional Tips

• Get multiple quotes from different agencies.
• Carefully review the contract before signing to understand all terms and conditions.
• Look for an agency that offers a good balance between effective collections and maintaining positive customer relationships.

A nonprofit credit counseling agency is an organization dedicated to providing financial advice and guidance to individuals grappling with debt or money management issues. Distinct from their for-profit counterparts, these agencies are more focused on aiding you in enhancing your financial situation rather than profiting from your difficulties. They are often recognized as 501(c)(3) organizations under the IRS code, qualifying them for tax-exempt status due to their public service mission.

The U.S. Trustee Program maintains a list of approved credit counseling agencies, required for pre-bankruptcy filing counseling. While not all services listed here are non-profit, it’s a good starting point: https://www.justice.gov/ust/list-credit-counseling-agencies-approved-pursuant-11-usc-111

Services Offered by Nonprofit Credit Counseling Agencies

1. Debt Management Plans (DMPs): These plans can help you pay off your debt over a specified period of time. The agency may work with your creditors to reduce interest rates or waive certain fees to make your debt more manageable.
2. Budget Counseling: Counselors work with you to review your income, expenses, and debts to create a realistic budget that helps you live within your means and save money.
3. Credit Counseling: This service includes reviewing your credit report and scores with you, explaining their impact, and providing tips to improve your credit health.
4. Financial Education: Many nonprofit credit counseling agencies offer workshops and resources on various financial topics, including budgeting, saving, managing debt, and understanding credit.
5. Bankruptcy Counseling: If bankruptcy seems like the only option, these agencies can provide the mandatory counseling required before filing for bankruptcy. They can also offer education on the process and implications of bankruptcy.

How They Operate

• Funding: Although nonprofit, these agencies might charge fees for certain services, like debt management plans. However, fees are often low, structured on a sliding scale based on your ability to pay, or sometimes waived. They also receive funding from creditors in the form of “fair share” contributions, which are payments from creditors to the agencies for helping consumers manage their debt.
• Accreditation and Regulation: Reputable agencies are typically accredited by organizations such as the National Foundation for Credit Counseling (NFCC) or the Financial Counseling Association of America (FCAA). They are also regulated by state and federal laws, which helps ensure they operate ethically and effectively.

Fees

While nonprofit credit counseling agencies aim to provide free or low-cost services, some programs or in-depth counseling sessions may incur fees. However, these charges are generally modest and structured on a sliding scale based on your ability to pay, ensuring that assistance remains accessible to those in need. It’s also worth noting that these agencies may receive funding through “fair share” contributions from creditors, which are payments for assisting consumers in managing their debt, in addition to the possible fees for services like DMPs.

Choosing a Nonprofit Credit Counseling Agency

When selecting a credit counseling agency, it’s important to research and verify its credibility and reputation. Look for accreditation by recognized bodies, read reviews, and check with the Better Business Bureau or state attorney general’s office for any complaints. Always ask about fees, services, and what you can expect from their programs before committing to anything.

Conclusion

Nonprofit credit counseling agencies play a crucial role in helping individuals tackle their financial challenges through education, debt management, and personalized counseling. By addressing the root causes of financial problems and providing tools for better money management, these agencies aim to help people achieve long-term financial stability.