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Small Business Employment Law

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To collect small business debts legally, you must first send a written notice that collections have begun, within five days of first contacting the debtor for collections (for instance, within five days of calling on the telephone). The letter must include dispute instructions.

Small Business Debt Collection Laws Forbidden Practices

* Collect any amount beyond the actual debt, unless you really can do so legally.

* Continue collections on a debt if the debtor has disputed the debt, unless you provide the debtor with written proof.

* Continue contacting the debtor if within 30 days of first contact, the debtor disputes the debt.

* Credit a payment the debtor has made to a non-disputed debt to a debt the debtor has disputed.

* Deposit a post-dated check before the post-date.

Small Business Debt Collections Laws: What You Can't Say

* Give a false name.

* You are an attorney or government representative, if you are not.

* You have an attorney working for you or that you are going to assign the case to an attorney, if you really do not.

* The debtor has committed a crime, unless you are 100% sure they have.

* You work for a credit bureau, if you really do not.

* The debt is more or less money than it actually is.

* You are sending or have sent legal forms when you really did not.

* You are sending or have sent papers that are not legal forms, if they really are legal forms.

* The debtor will be arrested--no one is arrested for nonpayment of debts anymore.

* You will seize, garnish, attach, or sell the debtor's property or wages, if you do not really intend to or cannot legally do so (and unless the debt is secured with collateral, you probably cannot).

* You will sue or take other legal action, if you do not really intend to, or are not legally able to do so.

Small Business Debt Collection Laws Forbidden Third-Party Disclosures

* Give any credit-related information that is not 100% accurate.

* Tell anyone other than the debtor that you are collecting a debt.

* Telephone any number other than the debtor's more than once.

Small Business Debt Collection Phone Calls

* Call after 9 pm or before 8 am.

* Forget to give your name and your company's name.

* Call repeatedly or in a way intended to annoy.

* Make a collect call.

* Make any threats.

* Use profane or obscene language.

* Leave a message that reveals this is a debt collection.

Small Business Debt Collection Mailing

Never send:

* Postcards.

* Envelopes or mailings with any reference to debt collection on the exterior.

* Anything that looks like an official, legal, or government document, if it is not.

Please note this page is not intended to give legal advice and may not be complete or up to date with the most current collection laws changes.

Small Business Employment Law

One of the most frustrating parts of running a business for many business owners and manager is finding the right employees. A vacancy opening usually leads to plenty of applicants, but finding the candidate that not only possesses the right combination of skills, experience and education as well as has important qualities as teamwork, initiative and loyalty can be a difficult task to manage.

When faced with the prospect of recruiting new employees, there are a variety of ways that you can go about it. One of the most common ways to approach the matter is to post classified listings and help-wanted signs; however, you should be aware that this method has its disadvantages. One of the biggest disadvantages of this method is that it will generally net a wider range of applicants than you might have in mind. This means that you're going to need to spend quite a bit of time going through resumes and applications, weeding out those applicants who do not meet your minimum skill and experience requirements.

Employment services are a good middle of the road method to use if you are working on a limited recruiting budget, but feel the need to cut down on the amount of screening time involved in the recruitment process. These services range from free options that are typically offered through state employment offices to private for-fee services. A few of the services you can take advantage of through these options include having the agency receive and screen the applications for you to having them actually conduct preliminary interviews.

If you would like to better ensure that you receive a pool of candidates who are more likely to meet your minimum requirements, it may be time to consider a recruiting service. Although you will generally pay more for these types of services, many managers and business owners feel it is well worth it; especially when hiring for management and executive positions. Recruitment firms can handle everything from conducting initial screening to background checks as well as aptitude tests.

Statistics indicate that hiring and terminating an employee can actually cost thousands of dollars above and beyond the employee's actual salary due to costs associated with lost training, hiring a replacement, etc. One of the ways that you can limit the possibility of loss is to consider using a temporary employment service to hire employees, at least for the first 90 days. The temporary service will handle everything for you from actually hiring the employee to handling their salary so that you can concentrate on other matters. At the end of the agreed upon time period you can make a determination as to whether you want to transition the employee over onto your own payroll.

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Both Joel Walsh & Aaron Crawford are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

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