Suggestions for Attorneys Receiving Commercial Claims from the Commercial Collection Agency Section Commercial Law League


October, 1987

(1) Review the Operative Guides for Forwarders and Receivers adopted by the Commercial Law League.

(2) Review the "Introduction to Handling Commercial Claims" Published by the Commercial Law League.

(3) List in one or more of the commercial law lists to publicize your interest in receiving claims and to assure that your handling of claims will be covered by the Law List Bond.

(4) Note that it is the usual practice that creditors request that all correspondence and contact by the attorney with the creditor be through the forwarder because, while the forwarding agencies are aware that the creditor is the client of the attorney, the collection agencies forward claims as agents of the creditor with express prior authorization and continue to handle the claim as a convenience to the creditor.

(5 ) Acknowledge claims immediately on receipt:

(a) If for any reason the claim is not acceptable (conflict, amount, rates or otherwise), return the claim and all documents immediately.

(b) Use forwarder’s file number on all correspondence.

(c) If there are instructions for "immediate suit," advise promptly of any needed documentation and proceed promptly.

(6) <Report promptly on initial contact with debtor.

(a) Submit all reports in duplicate so that the forwarder can send a copy to the creditor.

(b) Advise prospects of collection and whether there is any dispute on the claim.

(c) Advise when the next report should be expected.

(7) Report any developments on collection of the claim.

(8) If suit is recommended, advise required suit fee (whether contingent or non-contingent), court costs and other expenses.

(9) Use a model remittance form to assure providing desired information for the forwarder in standardized form.

(10) Attend Commercial Law League meetings regularly to participate in discussion of collection procedures and to meet forwarders.