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More on effectiveness of collection letter and collections
December 22, 2021
More on effectiveness of collection letter from article on December 9, 2021
          A recent article in the New York Law Journal offered interesting advice to attorneys regarding the advisability of sending a letter before or in lieu of starting a lawsuit.  The article also addressed whether a lawyer can threaten a lawsuit in the letter and whether the letter can include a draft of a summons and complaint. 
          Sometimes a letter works; sometimes sending a draft of a summons and complaint helps.  K&K’s collection practice is to send a collection letter to consumers because that’s required by the Fair Debt Collections Practices Act.  But no letter is required for commercial matters and the single most important factor when pursuing a collection matter is time; you don’t want to delay the initiation of the collection process, whether it’s to begin with a letter or lawsuit.  Those of you using the Standard Form Agreements have the advantage of using K&K.  We will generally initiate either a collection letter [when required] or a Demand For Arbitration within a day or so of you sending us the matter.  We won’t be adding to the delay.  My best advice, no delay sending in delinquent accounts for collection.  K&K’ staff is well trained and talented to either save your account by reinstatement or recover most if not all of what’s owed to you.  Think you or someone on your staff can do better?  Wrong.  K&K staff handles hundreds of alarm accounts, often per month; so no, you and your staff won’t have our experience and I’m sure you can find better ways to spend your time and the time of your staff.  Contact paralegal Kathleen Lampert at 516 747 6700 x 319 or to get started.
          One conclusion reached in the lawyer article was that letters are a waste of time.  They routinely discourage clients from sending the often requested “just a letter” offering a pre-litigation settlement.  Their experience, consistent with my experience is that the letter rarely results in a resolution.  The strategy of sending a letter may signal that you don’t really have the fortitude to pursue a collection case; in other words, you’re bluffing and only willing to invest in a cheap collection letter. 
          In commercial cases K&K may send a letter but we will generally follow up by commencing the collection proceeding; That, if nothing else separate K&K from what your in-house staff or you can do.  If you want to try a collection letter do it sooner rather than later.  Once you think the customer is defaulting let K&K get started with what it does best.
          Concierge Clients get a collection letter each month without charge.  If you’re a Concierge Client don’t hesitate to take advantage of that membership benefit.  If you’re not a Concierge Client you should join today.  Check out the benefits here:

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301