Your Edge Over Lawyers

I recently spoke with an attorney that specializes in commercial debt resolution and negotiating settlements.  He indicated these types of cases were his primary source of revenue and that he has made a very comfortable living doing this for many years.

We discussed some of the differences between how I operate and how he operates.  He brought up an interesting point which I was aware of but have not given much thought to in quite some time...

Lawyers are precluded from soliciting clients over the phone.

Although they can mail letters offering their service, attorneys are not allowed to follow up with phone calls.

This gives you a very important edge when contacting prospective clients since a phone call can be the most effective way to offer your "no risk" service to debtor businesses being sued.

I have said it before, but be sure to include follow-up phone calls when offering your service.  It may be the only call a prospective client gets!

Scott F. Soape

Keep in Touch with Referral Sources

My complete Business Plan System identifies several great referral sources for a continuous stream of qualified leads.

Set up a regular system to remind your referral sources of your service so that you will be the first person they think of as and when they encounter businesses that might benefit from your service.  Send an email, brochure, flyer or short note on at least a quarterly basis.  And be sure to thank your sources for any and all referrals regardless of whether or not a fee is generated!

Cultivating and keeping in touch with as many referral sources as possible will ensure a healthy commercial debt resolution practice.

Scott F. Soape

Get Familiar with Credit Reports & Scores

As a commercial debt resolution professional, you need to be familiar with credit reports and credit scores.  The BBB recently posted a brief article regarding these topics on their website you might find helpful.  Please click on the below link to view.  I also suggest you take the time to get a copy of your own free credit report at www.AnnualCreditReport.com .

http://watchyourbuck.com/2012/01/18/know-the-difference-between-a-credit-report-and-credit-score/

Scott F. Soape

The Bigger the Creditor, the Better!

I have found over the years that dealing with larger creditor entities usually improves my odds of reaching favorable settlement terms for my commercial debtor clients.  When you stop to think about this, it makes perfect sense.

A smaller creditor seeking financial remedy in a dispute will not be in as good of a position to forgive or write-off a large dollar amount.  They will want to squeeze their debtor companies for as much as possible simply because they truly need the funds to continue operations.

Larger entities, on the other hand, are able to continue business as usual even if they settle debts at substantial discounts.  They will have a larger capital base and can more easily absorb losses with little impact to their bottom line.

Don't make the mistake of shying away from large corporate or government creditors thinking they are too powerful to negotiate with.  You will find most are quite willing and able to work with you for discounted settlements to the ultimate benefit of your commercial clients.

Scott F. Soape

Phone Calls to Prospects

Sending my powerful Prospect Letter to prospective clients often results in calls to you for your service.  However, if you have not heard from a prospect within 3 or 4 business days of sending your letter, give them a call.

Many times when I call prospects after mailing my Prospect Letter, they tell me "I have your letter on my desk and I was intending to call you but I have just been too busy".  All it takes is a follow-up call from me to land a fee generating client.

Other times, I will just make an initial call to a prospect without bothering to send a letter first.  My offer to resolve a problem debt on a "no results / no charge" basis is a hard offer to refuse!

Phone calls to prospects, with or without sending my Prospect Letter, always enhances my revenues.

Scott F. Soape

A Quick Negotiation Tip

When negotiating settlements (especially when a lawsuit is pending) always refer to the debt as "the amount claimed to be due".  Any acknowledgement of an actual debt from you, as agent of your client, could be used against the client should you fail to reach an acceptable settlement.

Scott F. Soape

Avoid "Unlicensed Practice of Law"

How you phrase settlement offers and client communications can be important, especially if you are dealing with attorneys on pending lawsuits.

Unless you happen to be a lawyer, you must always avoid giving your client advice that could be construed as "legal advice" or making arguments against a debt that include matters of law.  The unlicensed practice of law (UPL) is taken very seriously in the legal community and can result in legal action being brought against you if you are not careful.

By positioning yourself only as a provider of "financial advice" for each debt settlement situation, you will avoid the UPL pitfall.  My complete Business Plan System shows how to do this and all of my sample correspondences make this position clear... with clients and creditors.  In my 14 years of negotiating settlements with creditors and their attorneys, I have NEVER had a problem with UPL.

Scott F. Soape