Important Facts About First Party Collections

by David P. Montana

The term first party collections refers to any collections that are performed by the company to whom the debt is owed. You may not have realized it, but any time you call a client and ask them to pay up on a bill or send a reminder notice, you're doing first party collections. Some large companies go as far as to open their own collection agency as a subsidiary to handle this.

The name "first party collections" means that the entity collecting (or an affiliate was a party to the original transaction. The debtor is referred to as "second party," and "third party" means another entity that gets involved in the attempts at collection, like a debt collection agency.

Third party collections are different from first party collections in a few ways. For one thing, there's a lag in time from when a bill becomes past due to when a third party collector starts collecting, simply due to the exchange of files. Another difference is that third party collectors don't have a personal relationship with the debtors, so they may not be cognizant of the need to remain on pleasant terms with them in the hopes of getting future business.

First party collections attempts are often seen as friendlier or more understanding than activity from third party collections agencies. Your client may rely on your service or product for his business to run, and if so he will be just as amenable to staying on good terms as you are.

Another advantage first party collections has is one that surprises most people-under first party collections you are not subject to the Fair Debt Collection Practices Act. Whether you're the original lender or a subsidiary of it (some large companies operate their own collections agencies as subsidiaries for just this reason), you're not considered a collector by law, which adds some flexibility to your debt collection. However, you must still abide by applicable state and federal laws.

Once a bill gets past due beyond 2-3 months, though, it's usually time to turn it over to a third party agency or sell the debt. The ability to collect on past due amounts drops steeply after this time statistically, so rather than continuing collections actions in vain, you're better off handing them over to professionals with more resources.

First party collections are best handled by people or a staff dedicated entirely to collections. Having other members of the staff like your sales force or accounting department is not a good idea. They won't have the skills, time or motivation to successfully pursue collections as well as collections professionals will.

Instead, if you're insistent on first party collections, hire someone whose sole job is to do that, or if you're large enough to support it, consider having a collections department or subsidiary. Dedicated collections professionals will know the best collection techniques, including how to find deadbeats, negotiating settlements or payment plans, and even disguising collections activity as audits. First party collections can be effective if you structure it the way a third party agency would.

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