A Paper Trail Story

Did you know that proper documentation can save you a whole lot of legal trouble?

Here’s an example: a customer buys $500 of paper plates. The customer received the $500 shipment, but $100 of the product was damaged. Your contract places risk of loss on the customer, so under the terms of sale, it’s the customer’s responsibility to file a claim with the carrier.

But what if it’s determined that the damage was done before the goods left your warehouse and the carrier isn’t at fault? Now you owe your customer a $100 credit. The credit memo should be issued immediately, should specifically refer to the soiled plates, and should include the amount, be dated, and be promptly entered into your billing system. Both the $500 invoice and the $100 credit memo will appear on the customer’s monthly statement.

Now let’s add a complication. During the same billing period, the customer either took an unearned discount or otherwise failed to pay an invoice in full. For example, a prior shipment of plates for $500 resulted in a check for $400. As with the credit memo for money you’re crediting to your customer’s account, you must promptly prepare and process a debit memo showing that $100 shortage so your customer knows exactly where it stands. Your paperwork remains accurate and organized, and you can document every entry on the customer’s statement of account.

Let Us Handle Your Michigan Debt Collections

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you are located out of state or out of the country. Let us take on the stress of your Michigan debt collections! Call (248) 645-2440 or submit a contact form for an effective resolution to your collection matters.

Put Everything in Writing

How thoroughly do you document transactions with your clients?

An old expression, always applicable to billing practices, states, “It isn’t done if it isn’t in writing.” Everything in the billing system must be in writing. This is usually referred to as a paper trail. As a general rule, whoever has the best paper trail wins.

Never include an item on your statement of account that can’t be fully documented. Unexplained items on statements are difficult to impossible to enforce and make your billing system appear disorganized. Your disorganization or lack of documentation will become a huge problem should a customer dispute its balance. As time passes, memories fade and you’ll have to rely on your paper trail.

Let Us Handle Your Michigan Debt Collections

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you are located out of state or out of the country. Let us take on the stress of your Michigan debt collections! Call (248) 645-2440 or submit a contact form for an effective resolution to your collection matters.

Valid Contract or Invalid Contract?

Do you know what makes a contract valid or invalid?

“Consideration” is the bargained-for exchange, value for value. In most business contracts, consideration to the offeror is the promise to pay money for the offered goods or services, and the promise of delivery of those goods or services is the consideration to the offeree. It’s not ordinarily a defense that somebody didn’t negotiate a good bargain as long as an exchange occurred. 

“Mutuality” refers to the fact that both parties are bound to do something, or to permit something to be done, for the contract to be valid. For written contracts, this concept has faded somewhat in modern jurisprudence. It’s now most likely to arise in the context of a claim of an implied contract, where one party claims that a course of conduct or dealing with the other party creates a contract, but the other party denies the existence of a contract. 

“Legality” concerns whether the subject matter of the contract is legal. A modern example involves new national security legislation that forbids the international sale of certain computer technology. A contract for the sale of those chips, even though valid prior to the passage of the new law, could afterward become unenforceable on the basis of its illegality.

Need Help with Michigan Debt Collections?

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. Our law firm can handle your debt collections in Michigan, even if you are located outside the state or country. Call (248) 645-2440 or submit a contact form for an efficient resolution to your collection matters.

Intro to Contracts

Are you familiar with the basics of entering a contract?

The five essential elements to a contract are offer, acceptance, consideration, mutuality, and legality. The process of negotiating a contract starts with the offer, an invitation to enter into a binding contract. The person making the offer is the offeror, and the person receiving the offer is the offeree. 

The contract process starts when the offeror makes an offer to the offeree. Each party offers consideration for the deal, value that supports their promises. If the offeree accepts the offer, the parties mutually agree to the terms of the deal, and if the subject matter of the contract is legal, you have a contract.

“Acceptance” occurs when the offeree states either that the offer is accepted or takes action that indicates acceptance. Typically, you want to accept in an unambiguous manner. If you want to accept an offer but you’re unsure how to do so, simply use the same mode of communication that was used to convey the offer. For example, if the offer came by mail, accept with a letter.

The offeror may limit the amount of time the offer is open. If no time limit is set, the offeree has a reasonable time to accept. An offer usually can be withdrawn (“revoked”) at any time before it’s accepted. Here are two common exceptions:

1. Contractual limitations: your contract requires you to keep the offer open. For example, the offeree pays to keep the offer open for a specified time.
2. Legal restrictions: the law requires you to keep the offer open. For example, certain restrictions are imposed on merchants under the Uniform Commercial Code. 

Need Help with Michigan Debt Collections?

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. Our law firm can handle your debt collections in Michigan, even if you are located outside the state or country. Call (248) 645-2440 or submit a contact form for an efficient resolution to your collection matters.

Voluntary vs Involuntary Bankruptcy

Do you know the difference between voluntary and involuntary bankruptcy?

Some bankruptcies are filed by creditors who gang up on the debtor when payments to those creditors are substantially delinquent. This is referred to as an “involuntary petition.” On the other hand, when the debtor files a petition for bankruptcy, that’s considered “voluntary.” Involuntary bankruptcy can occur under Chapters 7 and 11, but not under Chapter 13.

If you need a summary of Chapters 7, 11, and 13 of bankruptcy, read the latest Learn More article on our website.

Navigate Debtor Bankruptcy with Collection Services in Michigan

Is your debtor filing for bankruptcy?

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you are located out of state or out of the country. To protect your creditors’ rights, make use of our collection services in Michigan! Call (248) 645-2440 or submit a contact form for an effective resolution to your collection matters.

Three Common Bankruptcy Chapters

Are you familiar with the three most common types of bankruptcy?

The most common “chapters” (or types) in bankruptcy are Chapters 7, 11, and 13. A simple explanation of each chapter follows:

Chapter 7, straight liquidation: In a chapter 7 bankruptcy, the debtor’s assets are divided into two categories: exempt and nonexempt.

Chapter 11, business reorganization: Sometimes a business that’s in financial trouble will want to try to stay in business, rather than go through liquidation under Chapter 7.

Chapter 13, wage earner bankruptcy: This form of bankruptcy is similar to a Chapter 11 reorganization but is limited to wage earners or nonbusiness entities.

Navigate Debtor Bankruptcy with Collection Services in Michigan

Is your debtor filing for bankruptcy?

Since 1961, our top-rated lawyers have been dedicated to ethically pursuing the money you’re owed. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you are located out of state or out of the country. To protect your creditors’ rights, make use of our collection services in Michigan! Call (248) 645-2440 or submit a contact form for an effective resolution to your collection matters.

Your Debtor's Customers as an Asset

Are you struggling to get a debtor to pay?

Your debtor’s customers, or other people/entities who may owe money to the debtor, are an asset that can be used in the collection process. This includes: 

• Accounts receivable
• Tenants who may owe rent
• Insurance companies who may owe money for claims, such as any fire damage or flood losses
• State taxing authorities who may owe a tax refund (if permitted in your state; federal tax refunds are off limits)
• Purchasers of your debtor’s business who may still owe money on the purchase prior

When building a list of your debtor’s assets, include anything that appears to be a possible source of money. If you can identify enough assets to make you reasonably sure you’ll be able to collect the money owed to you, great! If not, consider scheduling a creditor’s examination. 

Stop the Struggle with a Michigan Debt Collection Law Firm

Do you need help with any of the steps above?

The lawyers at Muller, Muller, Richmond & Harms P.C. can help. Contact an expert Michigan debt collection law firm by calling (248) 645-2440 or submitting a contact form here.