Generally, a collection case arises from a debtor’s default on the payment of an account for goods or services rendered on credit terms. The typical collection case is rather simple: the damages are easily calculated because they represent the balance of unpaid invoices or a statement of account, and expert opinion is usually not necessary. Debtor collectibility is usually the chief concern. In most instances, the case is based on an account of goods and/or services sold and delivered, a promissory note, or a default on some type of business contract.
Collection cases fall into two general categories: (1) retail or consumer collections and (2) commercial collections. The distinction between the two categories is significant, as can be seen from the discussion on fees and particularly the discussion on the applicability of the Fair Debt Collection Practices Act (FDCPA).
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