Friday, July 31, 2009

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.

"First party" literally means that you were the first party in the original exchange of goods or services for money, i.e. the lender. The person who accepted the goods or services and promised to pay, i.e. the debtor, is the "second party." If an outside collection agency becomes involved, they were not part of the original transaction, which is why they're called "third party."

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.

Third party collections agencies are sometimes seen as hostile, while if your clients need your product or service to keep his or her business running smoothly, they will strive to stay on your good side. Sometimes just hearing a familiar voice asking nicely for payment is enough to solve the problem.

Another difference is that unlike third party agencies, first party collections do not fall under the Fair Debt Collection Practices Act. When you are the original party or a legal affiliate of it like a subsidiary, you are considered a lender rather than a collector. Third party agencies therefore do not have as much wiggle room in their practices as first party collections entities due, but the latter are still subject to state and federal law.

The rule of thumb for first party collections no matter what the industry is to keep trying to collect for 2-3 months. When you reach that milestone and haven't yet collected, it's typically a good idea to engage an outside agency or sell the debt, which means someone pays you up front for the right to collect on the debts.

The most successful first party collections are done by dedicated collections professionals. Salespeople, accounting staff and business owners just aren't as capable at collections because their attentions are scattered and collections is one of the least pleasant tasks they have to do.

If you hire an individual or create a department to handle first party collections, however, they can be just as successful as third party collections. If they are knowledgeable in modern collection techniques like private investigation to track down new addresses and phone numbers, offering incentives to get the debtor to call in or working out settlements, first party efforts can be remarkably efficient. When trying to make the decision of which type of collections instruments to use, keep in mind whether you're spreading your resources too thin or if you have the team in place to do first party collections.

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