One of the most important steps in the debt collection process is determining the proper party to sue.
In the case of an individual, the creditor must take great strides to ensure that the individual debtor’s name is properly spelled, along with the debtor’s street address and social security number.
In the case of a corporation, partnership or limited liability company, the exact legal name should be obtained. The legal status of a debtor may be confirmed through the Secretary of State’s office. The creditor may also want to run a business credit report, such as a Dun and Bradstreet or Equifax report.
Where a creditor has obtained a personal guarantee of a corporate debt from an individual, it is equally critical that all the same information is obtained for that person.
The identity of a potential debtor should be verified immediately upon consideration of extending credit. Many businesses’ credit departments are lax in having account applications signed and reviewed. This first encounter with a debtor is the right time to verify the debtor’s status.
Gathering as much information as possible about a debtor will assist in collecting debt from the debtor. At every stage, from pre-suit negotiation to institution of litigation to enforcement of judgment, the exact legal name of the debtor will prove valuable to collection. Liens, credit bureau reports, and attachments of property will prove successful if accurate information is provided.
copyr. 2014 Richard A. Klass, Esq.
The firm’s website: www.CourtStreetLaw.com
Richard A. Klass, Esq., maintains a law firm engaged in civil litigation in Brooklyn Heights, New York.
He may be reached at (718) COURT-ST or e-ml to RichKlass@courtstreetlaw.com with any questions.
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