Collection Calls

Collection Calls: Legal Tips and Strategies for Success

Mastering Collection Calls for Debt Recovery

Collection calls are a crucial part of the debt recovery process for businesses, helping to maintain cash flow and resolve overdue accounts. When done correctly, these calls can encourage prompt payments, preserve customer relationships, and avoid the need for legal action. However, making collection calls effectively requires a combination of tact, professionalism, and knowledge of legal boundaries.

In this article, we’ll explore the best practices for making successful collection calls, from timing and preparation to handling difficult conversations. Whether you’re a small business owner or part of a debt recovery team, mastering these strategies will help you recover outstanding debts while staying compliant with New Zealand’s laws.



Section 1: Understanding Collection Calls

Collection calls play a vital role in the debt recovery process by helping businesses recover overdue payments and maintain financial stability. These calls can range from polite reminders to more formal requests for payment, depending on the stage of the debt recovery process. Understanding how to effectively implement collection calls can significantly improve your chances of resolving outstanding debts without needing to escalate to legal action.

1.1 What Are Collection Calls?

Collection calls are phone calls made to customers or clients who have overdue payments. These calls are a proactive approach to recovering debt and are often used before more aggressive methods such as sending final demand letters or involving debt collection agencies. Collection calls can be initiated by businesses themselves or outsourced to professional debt collectors, depending on the severity of the debt and the company’s internal resources.

  • Types of Collection Calls:
  1. Reminder Calls: These are polite calls to remind clients of an upcoming or recently overdue payment. The tone is generally friendly and non-confrontational.
  2. Formal Collection Calls: If reminder calls don’t result in payment, formal collection calls are made, which may involve discussing the consequences of non-payment, such as referral to a collection agency or legal action.

1.2 The Importance of Collection Calls

Collection calls are a critical step in managing unpaid invoices and preventing long-term financial issues for businesses. They serve as a reminder to customers who may have forgotten about their payment obligations, helping to resolve debts quickly without straining customer relationships.

  • Maintaining Cash Flow: Timely collection calls help businesses maintain consistent cash flow by ensuring that payments are collected promptly. This is especially important for small businesses that rely on regular income to cover operational expenses.
  • Resolving Debts Quickly: By making collection calls early in the process, businesses can resolve overdue payments before they escalate to legal action or require the involvement of a collection agency. This not only saves time and resources but also helps maintain positive relationships with clients.

Understanding the role of collection calls in the debt recovery process is the first step toward mastering this important business practice.


When making collection calls, it’s essential to operate within the legal framework and adhere to ethical practices. In New Zealand, there are strict guidelines governing how businesses and debt collectors can approach debtors during the recovery process. Staying compliant with these laws not only protects your business from legal consequences but also ensures that your debt recovery efforts remain professional and fair.

New Zealand has specific laws that regulate collection calls and debt recovery practices. As a business or debt collector, understanding these laws is crucial to ensure compliance and avoid penalties.

  • Fair Trading Act 1986: This act ensures that debt collection practices are fair, honest, and free of deceptive conduct. Businesses and debt collectors must not use misleading statements or false representations when making collection calls. For example, threatening legal action without any intention of following through or overstating the consequences of non-payment would be a violation of this act.
  • Credit Contracts and Consumer Finance Act 2003 (CCCFA): This act regulates how credit providers and debt collectors handle overdue accounts. It includes provisions on how interest and fees are charged and ensures transparency in financial dealings with consumers. When making collection calls, businesses must ensure that all communications regarding payment terms and obligations are clear and accurate.
  • Privacy Act 2020: The Privacy Act governs how personal information is collected, stored, and used during debt collection. When making collection calls, businesses must respect the debtor’s privacy by only using personal information that is necessary for the recovery of the debt. Unauthorized sharing of personal information or using it for purposes other than debt recovery can result in legal consequences.

2.2 Ethical Practices in Collection Calls

Ethical considerations are just as important as legal ones when making collection calls. Maintaining a professional and respectful approach can help preserve customer relationships while encouraging timely payment.

  • Avoiding Harassment: Harassment during collection calls is illegal and unethical. It includes excessive calling, making threats, or using offensive language. To avoid harassment claims, ensure that your calls are spaced out appropriately and that you remain calm and professional, even if the debtor becomes confrontational.
  • Maintaining Professionalism: Always conduct collection calls with a professional tone, regardless of the debtor’s response. A respectful and solution-oriented approach increases the likelihood of reaching an agreement. Avoid becoming aggressive or emotional, even in difficult situations, as this can damage your reputation and escalate the situation unnecessarily.

By adhering to both legal and ethical guidelines, businesses can conduct collection calls effectively and responsibly. Following these practices ensures that your debt recovery efforts are compliant with New Zealand law while maintaining a positive and professional image for your business.


Section 3: Best Practices for Making Collection Calls

Conducting collection calls effectively requires more than just picking up the phone and asking for payment. Proper timing, preparation, and communication techniques are key to ensuring that your calls result in successful debt recovery. In this section, we’ll cover the best practices for making collection calls that maximize your chances of receiving payment while maintaining positive client relationships.

3.1 Timing Your Collection Calls

Timing plays a crucial role in the success of your collection calls. Making calls at the right time, with the right frequency, can significantly increase the likelihood of resolving overdue accounts.

  • When to Make Collection Calls: The ideal time to initiate a collection call is soon after an invoice becomes overdue, but not immediately. For example, wait a few days after the due date to send a polite email reminder first, and then follow up with a phone call if there’s still no response. Avoid waiting too long, as the older a debt becomes, the harder it can be to recover.
  • Follow-up Strategies: Create a schedule for follow-up collection calls based on the debtor’s responsiveness. Typically, you may want to make your first collection call within 7-10 days of the invoice becoming overdue. If payment isn’t made, follow up with another call a week later, gradually increasing the urgency of your tone.

3.2 Preparing for the Call

Preparation is critical to ensuring that your collection calls are professional and persuasive. Gathering all relevant information before making the call will allow you to address any questions or objections that the debtor may have.

  • Gathering Information: Before making the call, make sure you have all the necessary details at hand, including the debtor’s account history, the outstanding amount, the original due date, and any previous communications. This preparation enables you to speak confidently about the debt and anticipate potential objections.
  • Script for Collection Calls: Using a script can help keep the conversation on track and ensure that you don’t miss any key points. While it’s important to stay flexible and conversational, having a script allows you to cover the essentials, such as the outstanding amount, payment options, and consequences of further delay. Sample Collection Call Script:
    “Hello [Debtor’s Name], this is [Your Name] from [Your Company]. I’m calling regarding an outstanding invoice for [Amount], which was due on [Due Date]. We haven’t yet received payment, and I wanted to check in to see if there’s anything we can assist you with to clear this up. Would you be able to make the payment today, or would you like to discuss alternative payment options?”

3.3 Effective Communication Techniques

How you communicate during collection calls can make all the difference in whether the debtor agrees to pay. Employing the right techniques will help you navigate challenging conversations and reach a resolution.

  • Building Rapport: Start the conversation by being friendly and empathetic. Establishing a good rapport can make the debtor more willing to work with you. Show understanding if they are facing difficulties and offer solutions that could ease their situation, such as flexible payment plans.
  • Overcoming Objections: Debtors may present a variety of excuses or objections to delay payment. Common objections include financial difficulties, disputes over the amount owed, or claims that the invoice was not received. Prepare to address these objections calmly and provide clear evidence (e.g., copies of the invoice) or suggest alternative payment arrangements. Example of Overcoming Objection:
    “I understand that times may be tough, and we’re happy to work with you to find a solution. If paying the full amount now isn’t possible, we can arrange a payment plan that works for you.”

By following these best practices for collection calls, you’ll increase your chances of recovering unpaid debts while maintaining professionalism and preserving your client relationships. Proper timing, preparation, and effective communication are essential to ensuring that your collection efforts are successful and compliant with the law.


Section 4: Dealing with Difficult Collection Calls

Not every collection call will go smoothly. In some cases, debtors may be uncooperative, argumentative, or even hostile. Handling these difficult conversations requires patience, professionalism, and the ability to de-escalate potentially tense situations. In this section, we’ll explore techniques for managing challenging collection calls while still working toward a resolution.

4.1 Handling Uncooperative Debtors

Dealing with uncooperative debtors can be frustrating, but it’s essential to remain calm and composed. When debtors refuse to pay or provide excuses for not paying, it’s crucial to focus on finding a solution rather than getting drawn into an argument.

  • De-escalation Tactics: If the debtor becomes agitated or argumentative, use de-escalation tactics to calm the situation. Acknowledge their frustration and reiterate your willingness to work with them. It’s important to listen carefully to their concerns and respond with empathy, even if they are in the wrong. Example:
    “I understand this situation is stressful, and we want to help find a solution. Let’s see what we can do to make this easier for you.”
  • Staying Focused on the Goal: Keep the conversation focused on resolving the debt, rather than getting sidetracked by emotions or unrelated issues. Politely steer the conversation back to the main point: the outstanding payment and the steps that can be taken to address it. Example:
    “I hear your concerns, and we’re here to help. Let’s focus on how we can resolve this payment issue together.”

4.2 Dealing with Aggression

Aggressive behavior from a debtor can be challenging to handle. In these situations, it’s important to remain professional and avoid escalating the situation further.

  • Keeping Calm Under Pressure: If a debtor becomes aggressive or uses offensive language, stay calm and avoid responding in kind. Instead, maintain a neutral tone and continue to approach the conversation professionally. If the aggression continues, consider ending the call politely but firmly, and document the interaction for future reference. Example:
    “I’m happy to continue this conversation when we can speak calmly. I’ll give you some time, and we can reconnect later.”
  • Setting Boundaries: If the debtor’s behavior crosses the line into harassment or abuse, it’s appropriate to set clear boundaries. Let them know that the conversation will not continue if the aggression persists and that legal action may be considered if the situation escalates. Example:
    “I want to work with you to resolve this, but I cannot continue the conversation if the hostility continues. We can revisit this when things have calmed down.”

4.3 When to Escalate the Call

In some cases, despite your best efforts, the debtor may refuse to pay or cooperate. Knowing when to escalate the situation to a more formal demand or involve a third-party debt collection agency is important for protecting your business’s interests.

  • Escalating to a Final Demand: If multiple collection calls have failed to produce a result, it may be time to issue a final demand for payment. This formal communication clearly outlines the consequences of continued non-payment, such as referral to a debt collection agency or legal action. A final demand should be firm but still professional. Example Final Demand:
    “Despite our previous communications, we have not received payment for the outstanding invoice of [Amount]. This letter serves as your final notice before we escalate this matter to a debt collection agency or pursue legal action. We urge you to resolve this debt by [Final Deadline] to avoid further action.”
  • Engaging a Collection Agency: If all other attempts have failed, it may be time to hand the debt over to a professional collection agency. Collection agencies have the expertise and resources to recover debts that have become difficult to collect in-house. Be sure to choose a reputable agency that follows legal and ethical practices.

By effectively managing difficult collection calls, you can maintain your professionalism while still working toward a resolution. Staying calm, using de-escalation techniques, and knowing when to escalate the situation will help you handle even the most challenging debtors while protecting your business’s interests.


Section 5: Collection Call Scripts and Templates

Having pre-prepared scripts for collection calls can make the process smoother and ensure that you cover all necessary points during the conversation. Scripts help maintain professionalism, consistency, and effectiveness, even when the calls become difficult. This section provides sample scripts for different stages of the collection process, from polite reminders to final demands.

5.1 Sample Collection Call Script: Polite Reminder

This script is ideal for the initial stages of the debt collection process, where the goal is to remind the debtor of their overdue payment without being overly forceful.

Sample Script:
“Hello [Debtor’s Name], this is [Your Name] from [Your Company]. I’m calling as a friendly reminder regarding the payment of [Amount] for invoice [Invoice Number], which was due on [Due Date]. We haven’t received payment yet, and I wanted to check in to see if there’s anything I can assist with to ensure this is taken care of. Could you let me know when we can expect the payment or if there are any issues I can help with?”

  • Tone: Polite, non-confrontational
  • Purpose: To serve as a reminder without escalating tension, encouraging prompt payment

5.2 Sample Collection Call Script: Final Demand

If the polite reminder has not resulted in payment, a more formal final demand call may be necessary. This script is still professional but takes a firmer tone, making it clear that further action will be taken if the debt remains unpaid.

Sample Script:
“Hello [Debtor’s Name], this is [Your Name] from [Your Company]. I’m calling to follow up on the outstanding payment of [Amount] for invoice [Invoice Number], which was due on [Due Date]. Despite our previous reminders, we have not yet received payment. This is a final request before we escalate the matter to a debt collection agency or pursue legal action. We kindly ask that you arrange payment by [New Deadline] to avoid these next steps. How would you like to proceed?”

  • Tone: Firm but professional
  • Purpose: To create urgency and emphasize the seriousness of non-payment

5.3 Dealing with Objections Script

In some cases, the debtor may have objections or reasons for not paying the debt on time. This script addresses common objections while keeping the conversation focused on resolving the issue.

Sample Script:
Debtor: “I can’t pay right now; I’m dealing with some financial difficulties.”
You: “I completely understand that financial difficulties can arise. We’re willing to work with you on a payment plan to make this more manageable. Would you be open to discussing an arrangement where you can pay in smaller installments?”

  • Tone: Empathetic and solution-oriented
  • Purpose: To acknowledge the debtor’s concerns while keeping the focus on payment resolution

5.4 Closing the Call Script

Closing a collection call effectively ensures that both parties are clear on the next steps, whether that’s payment, a follow-up call, or further action. Always summarize the agreement or actions discussed before ending the call.

Sample Script:
“Thank you for your time today, [Debtor’s Name]. Just to recap, we’ve agreed that you will make the payment of [Amount] by [Date], or we’ll be in touch to discuss the next steps if we don’t receive it by then. Please let us know if anything changes. Have a great day.”

  • Tone: Positive and constructive
  • Purpose: To confirm the agreed-upon actions and provide clarity on the next steps

By using these collection call scripts, you can approach each stage of the debt collection process with confidence and professionalism. Consistent communication, clear messaging, and maintaining a respectful tone will increase the chances of successful payment recovery.


25 Effective Collection Call Scripts for Successful Debt Recovery

Polite Reminder Scripts

  1. Polite Reminder – Initial Call:
    “Hello [Debtor’s Name], this is [Your Name] from [Your Company]. I’m calling as a friendly reminder about the payment of [Amount] for invoice [Invoice Number], which was due on [Due Date]. We haven’t received payment yet and wanted to check if everything is okay on your end. Can we expect payment soon?”
  2. Friendly Payment Inquiry:
    “Hi [Debtor’s Name], this is [Your Name] from [Your Company]. I just wanted to follow up regarding the outstanding payment of [Amount] for invoice [Invoice Number], due on [Due Date]. Can you confirm when payment will be made?”
  3. Check-in and Offer Assistance:
    “Hello [Debtor’s Name], I’m reaching out from [Your Company]. We noticed your payment of [Amount] is overdue since [Due Date]. Is there anything we can assist with to resolve this?”
  4. Reminder with Options:
    “Hi [Debtor’s Name], this is [Your Name] from [Your Company]. We noticed that invoice [Invoice Number] for [Amount] is past due. Would you prefer to discuss payment options if you’re having any difficulties?”
  5. Friendly Payment Confirmation Request:
    “Hello [Debtor’s Name], I hope you’re doing well. I wanted to remind you that your payment for invoice [Invoice Number] of [Amount] was due on [Due Date]. Could you kindly confirm when we might expect payment?”

Firm But Professional Scripts

  1. Firm Payment Reminder:
    “Hello [Debtor’s Name], this is [Your Name] from [Your Company]. I’m following up on the overdue invoice [Invoice Number] for [Amount], which was due on [Due Date]. Please let us know when we can expect payment, or we may have to take further steps.”
  2. Second Reminder – Payment Request:
    “Hi [Debtor’s Name], I’m calling to follow up on the outstanding invoice [Invoice Number] for [Amount]. We’ve sent reminders, but the payment remains overdue. Could you arrange for payment by [New Deadline]?”
  3. Urgent Payment Request:
    “Hello [Debtor’s Name], this is [Your Name] from [Your Company]. Your payment for invoice [Invoice Number], totaling [Amount], is significantly overdue. Please let us know how you plan to resolve this by [New Deadline], as further action may be necessary.”
  4. Formal Payment Demand:
    “Hi [Debtor’s Name], this is [Your Name] from [Your Company]. I’m calling about the unpaid invoice [Invoice Number] for [Amount], which is now [Number of Days] overdue. If we don’t receive payment by [New Deadline], we will need to escalate the matter to a debt collection agency.”
  5. Payment Final Notice:
    “Hello [Debtor’s Name], this is your final notice regarding the overdue payment for invoice [Invoice Number] of [Amount]. If payment isn’t made by [New Deadline], we will be forced to involve a collection agency or take legal action.”

Dealing with Objections Scripts

  1. Handling Financial Difficulties:
    “I understand things might be tight right now. Would you be open to discussing a payment plan that better fits your current situation?”
  2. Invoice Dispute:
    “I’m sorry to hear you’re disputing the amount. Let’s review the invoice details together and resolve any misunderstandings so we can move forward.”
  3. Late Payment Excuse:
    “I appreciate that things may have been busy on your end. Could you commit to making the payment by [New Deadline] so we can close this out?”
  4. Misplaced Invoice:
    “No problem, I can resend the invoice right now. Once you’ve received it, can you confirm when we might expect payment?”
  5. Request for More Time:
    “I understand that you need more time. Can we agree on a revised payment date by which we can expect the full amount to be settled?”

Negotiating and Payment Plan Scripts

  1. Propose a Payment Plan:
    “We’d be happy to work with you to find a payment plan that works for you. Would you be open to discussing installment options?”
  2. Offer Settlement Options:
    “If paying the full amount now isn’t possible, we could explore a settlement. Would you be able to make a lump sum payment at a reduced rate to settle the account?”
  3. Installment Agreement Follow-up:
    “Hi [Debtor’s Name], just checking in to see how your installment plan is going. Are you on track for your next payment on [Payment Date]?”
  4. Discount for Prompt Payment:
    “To help resolve this matter quickly, we’re willing to offer a [Percentage] discount if the full payment is made by [Deadline]. Does that sound feasible to you?”
  5. Confirming New Payment Terms:
    “Thanks for agreeing to the new payment terms. Just to confirm, we’ll expect the first installment of [Amount] on [Date]. If there are any issues, please let us know ahead of time.”

Final Demand and Escalation Scripts

  1. Final Demand for Payment:
    “Hello [Debtor’s Name], we’ve made several attempts to resolve this issue, but your payment remains overdue. This is a final request for payment before we escalate to a collection agency. Can we resolve this today?”
  2. Escalating to Legal Action:
    “Unfortunately, as we’ve not received payment for invoice [Invoice Number], we will now be pursuing legal action to recover the outstanding amount. Please be aware that this will incur additional costs on your end.”
  3. Escalating to Debt Collection Agency:
    “As we’ve not heard from you regarding the outstanding payment for invoice [Invoice Number], we’ll be handing this over to a collection agency. This will affect your credit and may involve additional fees.”
  4. Warning of Legal Consequences:
    “I must inform you that if we don’t receive payment by [New Deadline], we will begin legal proceedings to recover the amount. This could result in court fees being added to your balance.”
  5. Notice of Enforcement Action:
    “We have not received the payment as discussed, so we will now take enforcement action, including wage garnishment or property seizure, to recover the debt. We urge you to resolve this immediately to avoid these steps.”

These scripts provide a variety of approaches, from polite reminders to more assertive final demands, ensuring that you are prepared for any scenario in the collection call process.


Section 6: Conclusion

Collection calls are a vital tool for businesses looking to recover overdue payments and maintain cash flow. By approaching these calls with professionalism, empathy, and persistence, businesses can successfully resolve unpaid debts without resorting to legal action or engaging third-party agencies. Throughout this guide, we have provided best practices, legal and ethical considerations, and sample scripts to help you navigate the collection process effectively.

Key Takeaways:

  • Stay Organized: Properly time your collection calls, keep track of your communications, and escalate when necessary.
  • Remain Professional: Always maintain a calm, respectful, and solution-focused approach, even when dealing with difficult debtors.
  • Follow the Law: Ensure that your collection calls comply with New Zealand’s legal requirements, including the Fair Trading Act and the Privacy Act.
  • Use Scripts: Preparing and following scripts for your collection calls can help maintain consistency and professionalism throughout the debt recovery process.

By adhering to these guidelines and techniques, your business can recover overdue payments while maintaining positive client relationships and protecting its reputation.


FAQs

1. How often should I make collection calls?

It’s best to start with a polite reminder call within 7-10 days of the invoice being overdue. Follow up with additional collection calls every week or two, depending on the debtor’s responsiveness. Escalate the urgency of your calls if payments are still not made after several attempts.


2. What should I do if a debtor becomes hostile during a collection call?

If a debtor becomes hostile, remain calm and professional. Use de-escalation tactics to steer the conversation back to a productive tone. If the hostility continues, politely end the call and document the incident for future reference. Consider sending a written communication as a follow-up.


Yes, New Zealand has legal restrictions on how collection calls should be conducted. Under the Fair Trading Act and the Privacy Act, businesses cannot use deceptive practices, threats, or harassment during debt recovery calls. Be sure to comply with these laws to avoid legal repercussions.


4. How can I increase the effectiveness of my collection calls?

To increase effectiveness, prepare thoroughly before the call, use a respectful tone, and offer flexible payment options if possible. Staying organized with follow-up schedules and scripts also helps keep the process on track and increases the likelihood of payment.


By following the advice provided in this article, businesses can optimize their collection calls for success, ensuring timely payments and maintaining professionalism throughout the debt recovery process.


Resources for Collection Calls

Having the right resources can significantly improve the effectiveness of your collection calls. Below are valuable tools, software, and references to assist you in making compliant and efficient calls, ensuring that your debt recovery process runs smoothly.

1. Debt Collection Laws and Regulations

  • New Zealand Commerce Commission
    The Commerce Commission enforces debt collection practices in compliance with the Fair Trading Act and Credit Contracts and Consumer Finance Act. Visit their website for more information on legal guidelines and reporting unfair practices.
  • Website: www.comcom.govt.nz
  • Privacy Act 2020
    Understanding the Privacy Act is essential for ensuring that your collection calls respect personal data rights. You can access resources and compliance guidelines via the Office of the Privacy Commissioner.
  • Website: www.privacy.org.nz

2. Tools for Managing Collection Calls

  • Xero
    Xero is a popular accounting software that helps businesses track overdue invoices and manage reminders, including automated follow-up emails for overdue payments.
  • Website: www.xero.com/nz
  • Debtor Daddy
    Debtor Daddy automates the process of debt collection by sending reminders and escalations for overdue payments. It also tracks communications with debtors.
  • Website: www.debtordaddy.com
  • MYOB
    MYOB helps small businesses manage cash flow, track overdue invoices, and automate payment reminders, making it easier to initiate collection calls when necessary.
  • Website: www.myob.com/nz

3. Debt Collection Templates

  • Debt Collection Letter Templates
    Access free and customizable templates for friendly reminders, formal payment requests, and final demand letters to accompany your collection calls.
  • Download Templates: Debt Collection Templates
  • Payment Plan Agreement Template
    If you negotiate a payment plan with a debtor, use this template to formalize the agreement in writing.
  • Download Template: Payment Plan Template
  • Community Law Centres
    Community Law Centres offer free legal advice for individuals and small businesses, including guidance on debt recovery and legal rights in debt collection.
  • Website: www.communitylaw.org.nz
  • Disputes Tribunal
    For debts under $30,000, the Disputes Tribunal provides an affordable way to resolve disputes without legal representation. Learn how to file a claim and enforce judgments.
  • Website: www.justice.govt.nz/tribunals/disputes-tribunal

These resources provide a solid foundation for making effective collection calls, ensuring that your debt recovery efforts are both compliant with New Zealand law and efficient in securing payments.


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