Doing business with troubled customers
In the beginning:
With every customer to whom you extend credit, consider the impact on your
business if the customer doesn't pay. It doesn't take too many non paying
customers to create trouble for your business.
When the customer opens an account, get complete information about the
customer: full legal name; banking reference; trade
creditors.
Consider asking for a personal guarantee by the principals of small
corporations: do you want to put your business at risk for someone who
won't personally back his business' commitment to pay?
When payments lag:
Cash checks promptly. Keep records as to when checks are received.
Condition future business on payment for the new goods AND some reduction in
the past due amounts. Payments that are "contemporaneous
exchanges" are immune from preference challenge by the trustee, but without
evidence that payments were for the new goods, rather than the old balance,
courts tend to apply payment to the oldest charges. Selling COD is
excellent protection against preference litigation.
Consider retaining a security
interest in the goods sold until they are paid for.
Don't let the threat of bankruptcy keep you from filing suit, if you think
the account debtor has assets from which your claim can be satisfied. Talk
to your collection attorney about your rights to a pre judgment attachment.