LACHES, DOCTRINE OF
Based on the maxim that equity aids the vigilant and not those who procrastinate
regarding their rights; Neglect to assert a right or claim that, together with lapse of time and other circumstances, prejudices
an adverse party. Neglecting to do what should or could, have been done to assert a claim or right for an unreasonable and
unjustified time causing disadvantage to another.
is similar to 'statute of limitations' except is equitable rather than statutory and is a common affirmative defense raised
in civil actions.
Laches is derived from the French 'lecher'
and is nearly synonymous with negligence.
In general, when
a party has been guilty of laches in enforcing his right by great delay and lapse of time, this circumstance will at common
law prejudice and sometimes operate in bar of a remedy which is discretionary for the court to afford. In courts of equity
delay will also generally be prejudicial.
But laches may
be excused from ignorance of the party's rights; from the obscurity of the transaction; by the pendency of a suit, and; where
the party labors under a legal disability, as insanity, infancy and the like.
2023 Credit Advisory:
Increasingly, we are finding that we end up wrestling debtors (both consumer and commercial) to
the ground, metaphorically, to recover what is due in good faith to our clients. By this I mean that if they owe a good sized
debt to your firm, and time (every debtor’s ally) has gone by, they will contest the account, even right up to the courthouse,
and it’s up to you to produce good documentation to prove your case. Have that documentation—not the notes
of a phone call! These days, there are great desktop document-feed scanners reasonably priced. You can throw the
scan in a “PDF” file on your computer. If not, the old manila folder still works well.
Gather information, you may need it,
if not, you can always shred it.
Regarding the (continuing) COVID-19 pandemic.
We are continuing to monitor CDC, state and federal guidelines.
long as it makes sense, and within the guidelines of any proposed laws that may go into effect, we will continue to contact
your debtors. Commercial accounts and insurance matters will not be affected as of now. If contact per se, is ever disallowed,
we will prepare each file for follow up as when the time comes. We have always placed our clients’ interest first, but
always with the understanding and compassion for hardship we would all expect to receive ourselves.
We understand some of our
clients have limited time in their offices, but if you haven’t you may still be receiving calls, faxes or emails from
the collection department for information. Also, because of the Federal Fair Credit Reporting Act, and the Fair Debt Collection
Practices Acts, please continue to report your direct payments. For pending legal matters, I’m sure the courts and our
law firms will be making allowances if required (Zoom, etc.).
Going into our
55th year, we are looking forward to better days; all of us at BCA Financial Services wish you
and your families good health.
Please carry with you every wish we can form for your health and
BCA Financial Services
Want to lighten up with historic collection fun in the Summer Season of 2022?
out our "Collection" Blog where you find only a little advice but some fun collection history.
CLICK ABOVE TO GO TO THE BCA "Collection History" Blog
A Few Words Could Make a Big Difference:
YOU MUST ADD THE EXACT FEE PERCENTAGE
YOUR AGENCY IS CHARGING YOU! No more, no less.
with your own attorney to be sure:
When you deal
with your customers, patients, clients, etc, if you have a contract, make sure you add it to your “collection costs”
It can be as simple as: “unpaid
accounts will be subject to collection costs of (?%)" (enter the exact percentage amount your collection
agency is charging).
BCA Financial Services
Winter 2021-2022 Credit Advisory - BCA Financial Services clients:
Keep close watch of your accounts internally for 90-120 days-NO LONGER. (Invoicing, faxing, telephone
call or e-mail follow-up)
Watch for warning signs i.e. Calls not returned, promises not kept,
mail returned or so-called disputes with more than one reason.
Whenever possible you should try to avoid
suit. Why avoid suit?
Because cost of litigation may not be practical.
Because a contested case may require a Plaintiff's representative to appear in court.
3. Because a judgment may prove a hollow victory if the defendant has
4. Because (in some
contested cases) it may trigger a counter-suit.
Check out our "Should we sue?" page here.
Your debtor has an obligation to pay your bill. We hope you will look over delinquent accounts
on a regular schedule. Delinquent
Accounts: The collection success rate of yours will be greatly enhanced
- Keep close watch of your accounts internally for 90-120 days-NO LONGER.
(Invoicing, faxing, telephone call follow-up)
- Watch for warning signs i.e. Calls not returned, promises not kept, mail returned or so-called disputes with more
than one reason.
them over for collection after the above intense period for maximum results.
Check our WEBSITE periodically for advice and updates or to submit a claim
Direct Payments (Payments Made to YOUR office)
While it’s our mutual
goal to recover the losses on your delinquent accounts, if your debtor makes a payment to you on an account that’s been
placed with BCA, you may want to consider the following:
Will your acceptance of payment compromise our ability to recover the correct balance?
- Does the amount include any allowable fees, costs, etc?
- Has the account been placed with
our attorneys for suit collection, thereby jeopardizing our ability to effectively bring the case to satisfaction (and recover
the court costs you expended)?
- If it’s a partial payment, did you make a copy of the check? If the person at your office
accepting the check is not yourself, did they note any language written on the check such as “paid in full”?
When in doubt on any debtor matter—Call BCA
|Spring message to our clients
When extending credit, (which is the
same as a loan), always request as much information as possible - on the chance that there is always the possibility of default.
If nothing else, obtain your customer's (or patient's) Social
Security Number...a must.
Our skip-tracing sources: Experian Credit Bureau, TransUnion, Accurint, etc. are the most
accurate with the "Social" as it is known.
How to Collect a Money Judgment - State of New Jersey Brochure
Note for February 2018: Submit claims before the post-holiday bills come in:
BCA Financial Services is online with TransUnion, Experian, the major nationwide credit
bureaus, the States' Divisions of Motor Vehicles, and the states' Secretaries of State. All new claim submissions are
checked for assets, i.e. real estate, lots, blocks, owners, employment, banking and addresses online.
|Third Party Debt and the Economy
|Third Party Debt and the Economy
Conditional Endorsements or Limiting Notations:
Acceptance by our office of any check or payment instrument in an amount less than the full amount due
marked as "Paid/Payment In Full" or otherwise indicated as full satisfaction does NOT constitute satisfaction of
the current or future indebtedness to us and/or our client(s). Conditional Endorsements will also not be honored and
are specifically waived. Our acceptance of any payment marked with a restrictive legend will not operate as an accord
and satisfaction without our express prior written approval.
SPRING CREDIT ADVISORY:
Don't let a debtor vacation with
Look over receivables now, before the doldrums of the summer give those slow payers
further excuse for delay.
Act now to turn them over to us in this peak period and realize the
cash before the collectability shrinks away, increasing your losses and charge-offs.
From our October post. Very Important
Please read: This is an update.
ACA International Dispels Debt Collection Myths
ACA International seeks to dispel commonly held myths about the
credit and collections industry. Today more than 30 million consumers have delinquent or defaulted accounts under collection,
averaging $1,400 each.
"Repayment of consumer debt is the lifeblood of America's
credit-based system and vitally important to the national and state economies," ACA International Chief Executive Officer
Pat Morris said. "It helps ensure that affordable credit is available, goods and services remain affordable, sustains
jobs and supports keeping taxes low."
"Whether a small town hospital, business
or a city struggling to recover taxpayer owed dollars, organizations large and small rely on the recovery of rightfully owed
consumer debt," Morris said.
Myth 1: Avoiding a Debt Collector Makes the
Debt Go Away.Consumers who ask debt collectors to stop contact or choose not to respond to calls or letters often
mistakenly believe it means their debt has been eliminated. Avoiding contact will not erase a debt. Instead, consumers should
communicate with collectors to discuss the account, verify its accuracy and work on a plan for resolution. If consumers
don't owe the debt, communicating with collectors can help put a stop to calls or letters.
2: Consumers Don't Have Rights in the Recovery of Past Due Accounts. The collection of consumer debt is one
of the most heavily regulated industries in the United States. Consumers have important rights under a number of federal and
state laws. For more information about what to do if contacted by a debt collector please visit www.askdoctordebt.org.
Myth 3: All Debt Collectors are Bad. Just as "all consumers"
aren't the same, neither are all debt collectors. Most are committed to professionalism, training and customer service. When
it comes to the "bad guys," we want to put them out of business just as consumers do. ACA International and its
members continue to work with state and federal policymakers, regulators, courts and attorneys general to comply with the
law and hold accountable those who do not. Myth 4: It is Boom Time for Debt Collectors. It's
no secret that consumers have struggled financially in the current economy. Despite an increase in defaults and delinquency,
the inability of consumers to repay rightfully owed debts trickles down to those charged with their recovery.
For some great year-'round collection
tips and information,
or just fun historical