Posts Tagged ‘Debt Collection’

Best of… week of July 23

July 27, 2012 1 comment

Barley is a major animal feed crop as well as supply for the beer and distilling industries.

Okey dokey… here’s my wrap up of what’s happening and “things you should know” from this past week in Small Business and the Craft Beer Business:

Small Business

Love this: “(Q) How many lawyer jokes are there? (A) Three – the rest are true stories.” I’ve been following Nina Kaufman the last couple of weeks and she has some great insight. Her book: How to Choose and Use Attorneys is a good reference for any company, especially startups. Check her out at and

Running a small business is always smooth sailing, right? Especially at home, nothing ever goes wrong there. For the most part, we all have families or lives outside of our businesses, what happens when the s— hits the fan? 3 Tips for Leading Your Business During a Personal Crisis

Let’s say everything is running fine. “If it ain’t broke, don’t fix it.” Right? Not always. Apple is the king of improving or changing an already winning strategy. Why? When to Change a Winning Strategy

Are you an S-Corp? Make sure that you periodically check in with a business attorney so that you stay that way! S Corporation Corner: Practitioners Should Schedule Periodic Check-ups

Since we’re talking tax implications, there are some changes on the horizon that you – at least – need to be aware of. The Fiscal Cliff: 3 Tax Changes You Need to Know Are Comin

We’ll segue from tax to other money matters. When is it (or is it not) worth your time/money to go after late payments from customers? here’s a short video (like 60 seconds) on when it’s a good idea. When to Take Legal Action Over Late-Paying Customers also browse around the rest of the website, there’s a ton of good information and I love these little 60 second clips on how-to, when-I-should, or other business tips from experts. And it’s free!

Moving on to intellectual property… here’s a great overview – again short and to the point – on intellectual property and when to use what. How To Make Sure Your Intellectual Property Is Protected

I can’t let a week go by without something on Social Media. If you’re just starting up, here’s crash course on what you should be (i.e. “need to be”) doing for your business.  Social Media Lite: If You Do Nothing Else, Do This (Part I) and Social Media Lite Part II: If You Do Nothing Else, Do This for Your Brand Also, follow OpenMindWorks on twitter at @openmindworks_, a lot of great information and swell people.

Beer Business

I wrote a piece on whether a brewery could/should be a non-profit. Tonka Beer Co, takes it another route – donating all profits to charity. Tonka Beer Co. goes 100% nonprofit in effort to fight invasive species.

Certificate of Label Approval (COLA) changes discussed by TTB. Good read to get some idea of what they’re going through also. TTB Addresses Label Approval Issues

The midwestern US is taking a beating this summer in terms of weather. I haven’t heard of this having an effect (yet) on brewers, but it’s something (I think) to watch. Midwest drought worsens, food inflation to rise

On the other end: Soggy Summer in North Europe Delays Grain for Region’s Beer

This is an interesting one. AB-InBev started registering trademarks for airports and now ZIP codes. I don’t know if this is quite the way to capitalize on the “buy local” trend. But the boys at the Big Beer companies aren’t stupid (they may be a lot of things, but they’re not stupid). We’ll see where this goes.  Anheuser-Busch creates “zip code” beers

While we’re on intellectual property, one near and dear to my heart: trademark. PLEASE work with an attorney before you build a brand or name so this doesn’t happen to you. Coronado Brewing asked to stop using the name, “Stoopid” By the way, love both beers!

Not strictly beer, but related:  there are less… obnoxious ways to deal with possible TM infringement or unauthorized use. Jack Daniel’s Sends the Most Polite Cease-and-Desist Letter Ever

The Brewer’s Association always has great resources (especially for members), but here’s a special one – August Power Hour: Food & Drug Administration Brewery Inspections and Reporting Requirements. Free to members (of you’re not a member, it’s not free, but it may well be worth the price of admission)

Just for fun

For the science and math geeks out there, this is just AWESOME : I’d love to see a one of these labeled with a brewery logo!

Debtor/Creditor – Collecting on Debts – The Bad

May 17, 2012 1 comment
The Good, the Bad and the Ugly (soundtrack)

The Good, the Bad and the Ugly (soundtrack) (Photo credit: Wikipedia)

Part 1 of a series focusing on The Good, The Bad, and The Ugly of Debt Collection.

Ok. I was going to write this post later in the week, but I keep seeing so much information and so many “what not to do” examples of debt collection that I feel *someone* is trying to tell me something.

So, here’s the deal:

#1: Television is not real. I know this is a difficult concept for some people, but even “reality tv” is not real. Shows like Repo Men, Lizard Lick Towing, etc. that show people slugging it out to save their car from being repossessed aren’t real. I’m not saying that they don’t happen, they do. What I’m saying is that the law penalizes people who “disturb the peace” for “self help repossession.” Federal and State law both prohibit violence to recover property and can impose stiff fines on bad actors for each occurrence. Sure, it makes good TV, but it’s not a great way to stay in business.

#2:  The debtor has a lot of protection under the law. Opportunities to dispute the credit, prohibition of harassing conduct, and (potentially) discharge under bankruptcy. If you’re in debt, read through the Federal Fair Debt Collection Practices Act (FDCPA). If you’re the creditor READ the Federal Fair Debt Collection Practices Act (FDCPA) and your state equivalent (if it exists). The creditor has to jump through some non-trivial hoops to collect on debts and if you don’t, you face severe fines for each occurrence (that is, let’s say you’re a creditor/collector and have made harassing phone calls – you can get fine $1000 PER PHONE CALL). That quickly makes the debt less attractive to collect.

#3: Realize that once debts are sold or “given over to collections” (in some cases), the collectors are incentivized to collect, regardless of the hardship on the debtor. Here’s an article on one extreme situation. Several debt collection organizations say that “they work with the debtor to get their finances on track and work out a realistic payment plan.” Often, in reality, this means that they work with debtors to prioritize the debt they’re trying to collect over items such as food, rent, or basic necessities (like internet!).

If you’re in debt and are receiving debt collection notices, or if you’re a small business trying to collect on a debt, see an attorney with debt collection experience. It can save a lot of headache, money, and time for everyone.


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