There are a few things that should and shouldn’t be said when you’re dealing with your debtor, especially when your words can have consequences that you may not expect. So, what exactly should you not be saying when dealing with your debtor?
What You Should Never Say to a Debtor
Words are the strongest tool in the world of contracts and agreements. What you say, can and will be held against you. In today’s Monday Morning Memo, Wilson and Samantha explored what you should never say to a debtor if you want to get the best outcome.
5. Don’t Go in The Heat of The Moment If They Tell You That They Aren’t Going to Pay You
Don't go in the heat of the moment when they say they're not gonna pay you and tell them that you're gonna go make them a source, and tell everybody on social media what a deadbeat they are. This only makes things worse and will affect how your clients will view you. You could also become the target of a defamation lawsuit.
4. Don’t Issue Refunds or Negotiate Trade Credits or the Like
Refunds and credits are tricky to properly manage when it comes to the staffing and recruiting industry. Replacements are fine but once you get into refunds and credits, it can start getting messy. As Samantha would put it, “a forensic accounting nightmare” if the refund or credit isn’t structured properly.
3. Don’t Write Void All Over Your Contract
Once you write “void” all over your contract, you are negating any safeguard you may have. Anybody that you have presented has worked there as a temp. They now have carte blanche to go ahead and absorb them onto their payroll so don't put “void.”
2. Don’t Tell Your Debtor That the Service Will Be Free
An example of this is the recent settlement that Samantha managed to get with a case. The client sent a message to the debtor basically saying, “We know that you already have John Smith's resume so we know that we, the recruiter, cannot take credit. However, we would like to bring them to your attention.” They essentially said that this client was free. Luckily, Samantha managed to salvage the case and got their fee. However, make sure that you avoid sending emails like this to your debtors to avoid any misunderstandings.
1. Never Say “Don’t Pay Me” In Your Frustration
If you’re an emotional person, try to not let your emotions get the better of you and say “don’t pay me” to your debtor. They will take this literally and will use this against you when you go after them later on. You’ll never be able to get your funds collected if you say this, so keep calm and think of another approach to the problem at hand.
- It's got to be structured properly or it turns into a forensic accounting nightmare.
- Once you write “void” all over your contract you are negating any safeguard.