What is the FDCPA?
The FDCPA, the abbreviation for the Fair Debt Collection Practice Act is the federal statute governing debt collection. From the requisite demand notice to when you can commence litigation, the Act provides many “do’s and don’ts” in the collection industry. Most states have statutes mimicking the federal Act.
What information is necessary to begin the collection process?
The type of debt will dictate the exact documentary requirements but you must provide the basic facts of your case along with supporting documentation (e.g. statement, invoice, lease, etc.)
Does the creditor have to appear in Court?
Although a creditor’s appearance may be required, the over whelming majority of cases do not require such an appearance and an affidavit prepared by us is usually sufficient.
How does the attorney collect the debt?
While calls and letters do result in payment, usually a judgment is the Necessary predicate for collection. Then, bank restraints, property and income executions are the main methods of recovery.
Q: Do I have to place a minimum number of accounts to become a customer of Kavulich and Associates?
A: Although most collection companies do have a minimum, Kavulich and Associates will assist virtually all businesses of all sizes. We therefore do not require that you place a minimum number of accounts to become our customer..
Q: Can I place a debt that is owed to me personally?
A: Kavulich and Associates is exclusively a business-to-business website. We will only accept accounts that are owed to a business. Debtors owing delinquent accounts to a business can be consumers and/or businesses.
Q: What is the difference between a consumer debt and a commercial debt?
A: A consumer debt is money owed by an individual person to a business. A commercial debt is money owed by one business to another business.
Q: Does Kavulich and Associates provide collection services to the healthcare field?
A: Yes, Kavulich and Associates provides debt collection services to the entire range of healthcare providers – from single practitioners to major institutions (hospitals) requiring major delinquent account management and cash-flow assistance.
Q: Are there any up-front fees required to start an account with Kavulich and Associates?
A: Kavulich and Associates collects none of the usual suit costs associated with a traditional collection company. The only time you pay a fee is when we collect your accounts.
Q: What is the actual fee charged when an account is collected?
A: The fee will vary depending upon whether the account is a primary or a secondary placement. Please go to Fees & Terms for the details regarding Kavulich and Associates rates.
Q: What is the difference between a primary placement and a secondary placement?
A: A primary placement is an account that has never been placed with another collection company or collection attorney. A secondary placement is an account that another collection company or collection attorney has previously tried to collect..
Q: How often can I get updates on the status of the accounts I have placed Kavulich and Associates?
A: One of the advantages of using our online service is that you will have access to the status of your accounts 24 hours a day, 7 days a week. You can request status updates as often as you wish.
Q: How long does it take to collect an account?
A: No one can give you a specific time frame in which your accounts will be collected. Some accounts will be collected very soon after placement; others may take longer. Early intervention is the key to quick recovery
Q: If Kavulich and Associates can’t collect my account through the regular collection process, will you litigate on my behalf?
A: Kavulich and Associates has a staff of collection attorneys that will sue any account that they judge to be collectible through the court system.
Q: What is your recovery rate and what percentage can I expect to get back?
A: Recovery rates vary depending on a number of variables:
- The most important factor is the age of the debt when you place it with a collection company. The older an account is, the harder it is to collect. The American Collectors Association states that receivables generally depreciate at the average rate of 10% per month.
- The geographic location of the delinquent account is another factor. Some demographics have a higher recovery rate than others due to various economic factors.
- It is often easier to collect from a business than it is from an individual.
- How diligent you are in your own collection efforts will have an effect on the rate of recovery by an agency. Our rate of recovery for you will be affected negatively if you have already aggressively pursued the account on your own. The exact opposite holds true as well. If you are short-staffed or, for any reason, have not placed a lot of effort into the collection of your delinquent accounts, and are able to place them with Kavulich and Associates early, the recovery rate will usually be higher.
- The size of the individual debt owed also plays a role in the average recovery rate. Many debtors have a perception that small balances are usually not worthy of litigation and they will tend to ignore those amounts. The opposite is also true. If a bill is large, it is more likely that the debtor’s fear of being sued will motivate them to make payment.
Q: Is there any additional cost to me if an account has to go to litigation?
A: Kavulich and Associates will never litigate an account without your prior consent. Once you authorize us to begin litigation, we will commence the action against the delinquent account. Kavulich and Associates receives a percentage of the amount recovered (to be discussed prior to litigation) plus court disbursement costs. Court disbursements are the fees charged by the process-server to serve the summons and complaint. A fee is also charged by the court to purchase an index / document number. Currently, the disbursement fees do not exceed $350.00, but more frequently are $125.00.
Q: Do you sue on any account you can’t collect through simple collection means?
A: No, the Kavulich and Associates staff will review an account prior to asking you for your authorization to sue. Dollar balance and location of assets play a role in the decision. For example, if a person already had five judgments against him/her, we would probably not recommend this person be sued. If a person has assets, such as a home or auto, and is gainfully employed, we would request your authorization to sue.
Q: At what point does an account become “uncollectible?”
A: Once our collection staff has exhausted all efforts and a supervisor has reviewed the account and agreed with the collection personnel, we would then notify you as to why we have determined that the account is not collectible. .
Q: How does Kavulich and Associates collect my delinquent accounts?
A: This is very difficult to answer in whole since many factors requiring ongoing expert evaluation are involved, but our basic method includes a proven series of hard copy collection letters, e-mail collection letters as well as phone calls.
Q: Does Kavulich and Associates locate individuals or businesses who have relocated with no forwarding address?
A: Yes, Kavulich and Associates makes use of all of the latest technology and old fashioned methods in order to locate bad addresses.
Do you have any questions that have not been answered?
Contact us at
Phone: (914) 222-4030
or use our contact page.