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Collection Agency and Attorney's fees

Question:
I just want to point out that there are many good agencys which are not CLLA members and membership in the CLLA doesn't guarantee that you will get a good agency. Case in point: I used to work for a commercial collection agency years ago which was (and still is) a CLLA member. The owner of this agency stole client monies (the reason I left) by not remitting on collections made a direct violation of CLLA ethics code. These facts were brought to the attention of the CLLA yet nothing was or has been done. Bottom line: When choosing an agency to handle your collection work do not limit yourself to CLLA members since by doing so you can screen out some good agencys and more importantly lull yourself into a false sense of security.


Answer:
You are correct that there are good agencies that don't belong to the CLLA. However, at least if the agency belongs to the CLLA and holds a Certificate of Compliance you know that they at least have been in business for a minimum of three years, have a trust account, have enough financial strength to qualify for a bond and their trust account and operations have undergone the scrutiny of an independant 3rd party. All of this of course is in addition to any requirements their state may impose and you'd be surprised at how many states have no requirements at all. In addition, there is a mechanism for resolving disputes and a code of conduct with which the CLLA member agencies must comply. It is unfortunate that the agency for whom you previously worked was dishonest. I presume you are correct when you state that they were members of the CLLA, but since I don't have their name, I can't verify either that they were members or that the CLLA did nothing. In any event, while being a member of the CLLA and in fact being licenced and bonded by the state aren't guarantees that those granted membership or licenced will always be totally honest, at least it is better than nothing and in most cases better than merely accepting at face value the statement of someone who is trying to sell you their services and to whom you are entrusting your money.



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