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Published by the International Association of Commercial Collectors, Inc.

April 2008 Vol. 40, No. 8 www.commercialcollector.com

D avid Franklin, attorney of Franklin& Franklin in Montreal, Quebec,

gave a seminar at the IACC 37th AnnualConvention held this past January inFt. Lauderdale, Fla., on “AmericanCollections in Canada and LatinAmerica.”

During his presentation, heexplained in some detail thedifferences in collecting for U.S. clientsversus clients in Canada. He pointedout that there are many differences anagency needs to be aware of before theytry to collect in a foreign country.

“Canada is made up of 10 provincesand each province may have somevariance in law to the next. It isimportant to work with a knowledgeableCanadian lawyer,” Franklin said.

Franklin continued the session byexplaining some of the specific differencesin the law for a few of the provinces. Forexample, in two of the provinces, Quebecand Ontario, even though they are in thesame country there is a different legalsystem. In Quebec, it is civil law and inthe sister states (provinces) it is commonlaw. Franklin reiterated that this is whyyou need to know the law and rules ofeach area.

Although Franklin spoke mostly onthe differences in Canada and betweenthe U.S. and Canada, he also touchedbriefly on the differences in othercountries. He then ended the session bypointing out documents and obstaclesthat you need to be aware of when

sending claims to other countries. The above article is a summary of the

session “American Collections in Canadaand Latin America,” which Franklinpresented at IACC’s 37th AnnualConvention this past January.

David Franklin is also the author of arecently published book that deals withcollecting in many different countriesand what some of the laws are in variousjurisdictions relating to the topic ofinternational commercial debt recovery.The information included is not theexhaustive explanation for each law, yet asummary and can be used as a quickguide.

Franklin felt the need to do this bookwhen he noticed that many agencieswere asking what the different laws werein the countries they were collecting in.He realized that there wasn’t really onecentral piece of literature thatincluded this basic information. Hedecided that there was a need topresent something like this to the

commercial collection industry.He began putting ideas together for

the book and contacted his globalnetwork of lawyers and others in theindustry. The book of 858 pages endedup with many contributors, eitherthrough country studies or articles andincludes an overview of about 50different jurisdictions and the lawsconcerning international commerciallitigation for these countries.

The book is titled InternationalCommercial Debt Collection, and ispublished by Thomson (http://www.carswell.com/description.asp?docid=4363).

David Franklin may be reached by e-mail at d.franklin@franklinlegal.com.

Collections Around the World

There are manydifferences an agencyneeds to be aware of

before they try to collectin a foreign country.

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IACCOFFICERSRichard BrownleePresidentCentral Mercantile Collection ServicesBrighton, Mich.

C. Patrick LozanoVice PresidentAccelerated Receivables Group, Inc. Visalia, Calif.

Bill MannTreasurerJoseph, Mann & CreedShaker Heights, Ohio

Paul EisenbergPast PresidentJohnson, Morgan & WhiteBoca Raton, Fla.

IACCDIRECTORSArnold DashoffLaw Offices of Kind & DashoffBaltimore, Md.

Randy FrazeeRandall & Richards, Inc.Tucson, Ariz.

Thomas HamiltonAmerican Lawyers QuarterlyCleveland, Ohio

Jan. P. HazesHakort International, Inc.Nieuwegein, Netherlands

Robert P. IngoldCommercial Collection Corp. of NYTonawanda, N.Y.

Ronald StiegelInternational Collections, Inc.d/b/a Atradius CollectionsItasca, Ill.

John YurshaCommercial Recovery Group, Inc.Dover, Del.

Remember the Golden RuleBy Richard Brownlee

encourage everyone to remember the “GoldenRule” and we will all be better for it.

The IACC 20th Annual Mid YearManagement Conference is quicklyapproaching. I hope everyone is making theirplans to attend. As I mentioned in myprevious President’s letter, some people askedme what they could do to get more out oftheir membership. Well for starters, attendingthe mid year meeting, and annual meeting isgood. This year’s meeting in San Diego issetting up to be one of the best ever! Therewere a lot of new faces in Florida this pastJanuary. However there were a lot of familiarfaces that I did not see. Don’t miss it! I lookforward to seeing everyone.

Auf Wiedersehen für jetzt

E dwin Markham, poet, is quoted asmaking the statement “We have

committed the Golden Rule to memory; nowlet us commit it to life.” The question of whatis ethical, and what is not, seems to be comingup in conversations that I have had withseveral people recently. Maybe it is a matter oftrust, but in general I have always had thefaith that people and companies will act in anethical manner.

However in today’s society such a beliefmay be a little naïve. The pressures of makingsales, collecting the money, trying to beat outthe competition; it seems to create anenvironment where some may feel they haveto cross that line.

Ask ten people what their definition ofethical is, and you will probably get tendifferent answers. The dictionary gives apartial definition as “being in accordance withthe rules or standards for right conduct orpractice.”

The IACC has a Code of Ethics andexpects members to abide by them. In fact,most organizations do, but they will differ incontent, and determining what is acceptableand what is not. Though, one thing is certain,if someone in our industry fails to conductthemselves in an ethical manner it can makeus all look bad and add fuel to the firesurrounding our industry.

You have seen recently how the media canspin a story that has everyone shaking theirheads. A code of ethics is often a formalstatement of the organization’s values oncertain ethical and social issues. The membersof the IACC have consistently shown theirdesire to better the collection industry byletting the credit community know theyoperate under such a code.

Now I won’t begin to claim that there arenot instances where a dispute over ethics is thecenter point. However, I would simply

PRESIDENT’S LETTER

Maybe it is a matter of trust,

but in general I have always

had the faith that people

and companies will act

in an ethical manner.

3

MEMBERREPORT

ASSOCIATE PENDINGMEMBERS:Davis Law Firm, LLCBirmingham, Ala.

NEW PENDINGAGENCY MEMBERCLL AlterConsultMoscow, Russia

CERTIFIEDCOMMERCIALCOLLECTOR:Thomas HayesPRO Consulting Services, Inc. Houston, Texas

Joseph Berger Johnson, Morgan & White Boca Raton, Fla.

Cory Prescott Johnson, Morgan & White Boca Raton, Fla.

For more information on theIACC Certified CommercialCollector Program, visit theIACC Web site atwww.commercialcollector.comand click on “Certification.”

Meetings/Convention Committee• Help plan Mid Year Management Meeting

and IACC Convention. • Request feedback from the general

membership on the kind of programmingthey would like to see at future meetings.

Education Committee• Help plan and coordinate IACC webinars,

training manuals…

Grievance Committee• Review all grievances.

Legislative Committee• Monitor Legislative activity concerning

collections, particularly the interstatecollection issue.

Agency Membership Committee• Review monthly pending agency

memberships.• Develop incentives that will help retain

current members. • Contact terminated members and encourage

them to rejoin.

Membership Authentication• Monitor and contact terminated/non-

members who are using the IACC logo orclaiming IACC membership.

Nominating Committee• Submit a list of IACC members to fill

vacant board positions.

PR/Advertising Committee• Seek new ways to promote IACC.• Review and approve all proposed outside

advertising.

International Development Committee• Develop ideas to attract international

members.• Contact new members and welcome them to

the association.

I ACC would like to see more membersbecome actively involved in various aspects

of the association. Therefore the IACC Boardis looking for members to volunteer to serveon any of the below committees. Please let usknow if you are interested in helping. Sendyour information tobobrowski@commercialcollector.com.

Committees and theirduties/current goals:Agency Certification Committee• Encourage Board agencies to become

certified if not already.• Increase the number of Certified Agencies.• Request feedback from members on the

value of the program for future discussion.

Associate Membership Committee• Review monthly pending associate

memberships.• Develop incentives that will help retain

current associate members. • Contact terminated associate members and

encourage them to rejoin.

Call for Volunteers

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Jocelyn Nager KnowsPersonal Contact Goes a Long Way

S uccess doesn’t just fall into your lap,you really have to work at it and

Jocelyn Nager, president/managingpartner at Frank, Frank, Goldstein &Nager, P.C. in New York, N.Y., knows allabout hard work.

She started her career attending StateUniversity of N.Y. at Binghamton, whereshe received her undergraduate degree.She received her J.D. at HofstraUniversity in Long Island, N.Y. Soon afterthat Nager answered an ad she found in alaw journal for a commercial litigator in acollection attorney’s office. This is whatstarted her work in the commercialcollections industry. She stayed in thatposition for about nine months and thenanswered another ad in 1989, whichlanded her a position as an associate at thelaw firm she currently owns.

“Working for one of the two oldestcommercial collection firms still operatingin New York, I knew I had to work hardand that is what I did. I’m proud to saythat I am the owner of one of the fewfemale-owned collection firms in NewYork that is devoted exclusively to thecollection of bad debt,” Nager said.

In the mid 90s, after working at thefirm for a few years, Nager was given theopportunity to become partner. Now,Nager as the managing partner has manygoals for the firm. A couple of the goalsinclude increasing the commercial end ofthe business and also growing the firm.

“I still do a lot of the everyday taskslike calling debtors, processing papers andresponding to inquiries. But I also do alot of networking and meeting withdifferent people to continue the growth of

business. I truly believe that personalcontact with people is what helps to sellyour business. Marketing comes frommeeting people, so personal contact is ourway of marketing our firm. You also meetmany interesting and great people alongthe way,” Nager said.

Nager also noted that the networkingand sharing of information within theIACC membership is one of the benefits

MEET A MEMBER

Jocelyn Nager

• When You Need the Very Best – client information brochure

• IACC’s Commercial CollectionGuidelines for Credit Grantorsbrochure

• IACC Agency Certification Program

• IACC Certified Commercial Collector Program

• Licensing service

• Insurance coverage

• IACC Listserve

• IACC Web site

• IACC Annual Convention

• IACC Mid-Year Management Conference

• Member discounts

Are you taking advantage of all the benefits your IACC membership has to offer? IACCstrives to bring its members education, resources and information in order to provide thehighest quality collection services in the industry. Take a look at these benefits and see ifthere isn’t something else you should be utilizing.

BBeenneeffiittss ttoo BBaannkk OOnn

continued on page 7

If you have any questions about any of these benefits, or want to know more about aspecific benefit, contact IACC at iacc@commercialcollector.com or +1(952) 925-0760.

Sessions:Staying Warm

While Cold Calling

PersonnelChallenging You:

What’s Your Best Move?

Break the Rules &Close More Sales

Coaching andTeambuilding for

the CollectionsIndustry

EmployeeCompensation

and Motivationand Best Ideas

Special Events:Welcome

Reception

San Diego Padres Baseball Game

Golf Outing(optional)

June 5-7, 2008Hard Rock Hotel San DiegoSan Diego, Calif.

Get ready to set the stage for yourcompany to succeed! Join yourcommercial collection colleagues inSan Diego for this day and a halfconference where you can rock to thebeat. Follow along note by note byattending the educational sessionswhich will focus on topics vital tothe commercial collections field.This valuable information willmake your company stand outto the crowd.

In addition to the informativesessions, there will also beopportunities for networking withyour industry peers to shareexperiences, knowledge and fun.You don’t want to miss out onthis very exciting meeting!

Please visit http://www.commercialcollector.com or call IACC at +1(952) 925-0760 for more information.

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Access Capital Services, Inc.Visalia, Calif.

Action Professional ServicesSioux Falls, S.D.

A.G. Adjustments, Ltd.Plainview, N.Y.

American Lawyers QuarterlyCleveland, Ohio

Anderson, Crenshaw &Associates LLCDallas, Texas

BCI Financial Services, ADivision of Badger Creditors,Inc.Wausau, Wis.

Behar, Gutt & Glazer, P.A.Aventura, Fla.

The Bessenbacher Co.Kansas City, Mo.

Brockman, Bailey & Gates, Inc.Boca Raton, Fla.

Buffaloe & AssociatesNashville, Tenn.

Butterfield & Associates, Inc.Louisville, Ky.

Campbell Hightower & AdamsTempe, Ariz.

CBF Commercial Collections,Inc.Kansas City, Mo.

Central CollectionsCorporationHicksville, N.Y.

Checkmate Strategic Group,Inc.Rocklin, Calif.

Clovis & Roche, Inc.Metairie, La.

Cohen & KrassnerNew York, N.Y.

The Commercial BarEaston, Md.

Credit Decisions InternationalLtd.Park Ridge, Ill.

Credit Management CompanyPittsburgh, Pa.

Creditors’ Alliance, Inc.Bloomington, Ill.

Creditron Financial Services,Inc.Erie, Pa.

Dennis A. Brebner &AssociatesWaukegan, Ill.

Diversified AdjustmentService, Inc.Minneapolis, Minn.

First Collect International,Ltd.London, England

The Forwarders List ofAttorneysPrinceton, N.J.

George Y. Yiangou & Co.Nicosia, Cyprus

George Y. Yiangou & Co. Ltd.Athens, Greece

General Bar Law DirectoryCleveland, Ohio

Glassberg, Pollak & AssociatesSan Francisco, Calif.

Goldman & Warshaw, P.C.Montville, N.J.

Greenberg, Grant & Richards,Inc.Houston, Texas

H & R Accounts, Inc.Moline, Ill.

Hesse & HesseAccra, Ghana

Hunter Warfield, Inc.Tampa, Fla.

Immerman & Tobin Co.,L.P.A.Cincinnati, Ohio

Industrial Credit ServiceBellevue, Wash.

International Collections, Inc.D/b/a Atradius CollectionsItasca, Ill.

Jacobson, Sobo & MosellePlantation, Fla.

John B. Ingleson, Attorney AtLawMurfreesboro, Tenn.

Johnson, Morgan & WhiteBoca Raton, Fla.

Joseph, Mann & CreedShaker Heights, Ohio

Krulewich Casher P.C.Boston, Mass.

Lamont, Hanley & Associates,Inc.Manchester, N.H.

Law Offices of Kind andDashoffBaltimore, Md.

Law Offices of Skinner &SkinnerSan Juan Capistrano, Calif.

M. Leonard & AssociatesVan Nuys, Calif.

McMahan & Sigunick, Ltd.Chicago, Ill.

Metro Commercial Corp.North Hollywood, Calif.

Miller & Cohen, P.C.Longmont, Colo.

Milton J. Moser Associates,Inc.Bensalem, Pa.

NRH & AssociatesPicayune, Miss.

Premium Credit Services, Inc.Minneapolis, Minn.

PRO Consulting Services, Inc.Houston, Texas

Randall & Richards, Inc.Tucson, Ariz.

Real Mercantil Trading DoBrazilPalm City, Fla.

Revenue Assurance Partners,LLCMandeville, La.

Revenue RecoveryConsultants, Inc.Fairfax, Va.

Rosenfeld & Stein, PAMiami, Fla.

The Royal Mercantile TrustCorp. of AmericaStuart, Fla.

RSI Enterprises, Inc.Phoenix, Ariz.

S & S Financial Company,Inc., Dba: Steadman & SteeleHouston, Texas

Smith, Carroed, Levy &Finkel LLPCommack, N.Y.

Stevens Business Service, Inc.Lowell, Mass.

Strauss, Factor, Laing &LyonsProvidence, R.I.

Svea Finans ASEtterstad, Oslo, Norway

Sweet & Walker, AProfessional CorporationSan Francisco, Calif.

Teller, Levit & Silvertrust,P.C.Chicago, Ill.

Terry D. Zimmerman,Attorney At LawAkron, Ohio

Thomas & Thomas AttorneysCincinnati, Ohio

Wagner, Falconer & Judd,LTD.Minneapolis, Minn.

Wallick & Associates, LTD.Warwick, R.I.

Weinstock, Friedman &Friedman, P.A.Baltimore, Md.

Wexford & James, LLCW Des Moines, Iowa

Wiles, Boyle, Burkholder &Bringardner Co., L.P.A.Columbus, Ohio

Zarzaur & Schwartz, P.C.Birmingham, Ala.

Sustaining Members 2007-2008Special thanks to the following companies for choosing to be an IACC sustaining member for 2007-2008.

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Blue Book Update

T he March 2008 updatedversion of the IACC Blue

Book is now posted atwww.commercialcollector.com. The

IACC Blue Book, the roster of IACCmembers, has been an important part

of IACC since the beginning of theassociation. Networking has always

been one of the primary benefits ofmembership in IACC, and for decades

the Blue Book offered a quick and easyway to locate fellow IACC members in

any part of the country or, more recently,any corner of the world.

With new technology, IACChas created an online searchabledatabase of members. Manymembers, however, still enjoy theconvenience of a printed copy. Todownload the newest version, pleaselog in as an IACC member and visitthe Blue Book link on the left-handside of the IACC home page.

of membership that she really appreciates.Nager said she feels that it is a very openatmosphere at IACC meetings and thatyou really have the chance to learn andget to know people and form greatrelationships in the process.

“I like that you can learn and sharetechniques. There is a lot to know aboutcommercial collections and it’s interestingto hear what others in the industry haveexperienced,” Nager added.

Nager finds that some of theinteresting or unique aspects ofcommercial collections compared to otherareas of the industry are that you can bemore direct with the debtor whilemaintaining a professional demeanor.When Nager’s office receives acommercial claim they call the debtor andask how they would like to pay themonies due to the client. You can be morestraight forward and open.Communication is the key says Nager.

Nager was quick to say her firm has afantastic and professional staff. Everyclaim receives personal attentionregardless of its size and they areextremely sensitive to the industry andpeople’s needs. They are known for theirattention to each claim.

On a personal note, Nager, herhusband and two children live inManhattan. Nager said she enjoysvacationing, hiking and walking. She’s onthe Board of National Association ofWomen Business Owners New York City(NAWBO), is VP of membership and sheis a committee member of the ExecutiveAssociates of New York. She is alsocurrently completing the process for thebusiness to become a CertifiedMinority/Women-Owned BusinessEnterprise (MWBE). She is also part ofthe shore walkers group.

S hortly after the AnnualConvention, the IACC

Board voted to install RobertIngold as the final new Boardmember for the 2007-2008 year.IACC would like to welcomeRobert and thank him for servingin this position. Robert is presidentof Commercial Collection Corp. ofNY in Tonawanda, N.Y. He willserve a three-year term on theboard of directors. WelcomeRobert!

IACC Board Welcomes Robert Ingold

Meet a Member Continued from page 4

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IACC Benchmarking Survey – Median Responses for Last Four Quarters

Q4 2007 3,664 $11,202,516 $3,663Q3 2007 3,371 $13,948,860 $3,892Q2 2007 3,116 $6,458,560 $3,241Q1 2007 976 $4,540,849 $2,925

Q4 2007 22,104 $32,483,590 $4,616Q3 2007 17,655 $37,190,760 $5,132Q2 2007 22,172 $25,729,078 $4,380Q1 2007 25,327 $20,259,501 $3,879

IACC Benchmarking Survey – Average Responses for Last Four Quarters

IACC Benchmarking Survey – 4th Quarter, 2007

# of Accounts Total $ Amount Average Account SizeTotal 795,758 $1,169,409,234 $166,186Average 22,104 $32,483,590 $4,616Median 3,664 $11,202,516 $3,663

IACC Benchmarking Survey – Median Responses for Last Four Quarters

Q4 2007 1,718 $9,000,000 $3,395Q3 2007 349 $1,552,700 $8,728

*As we continue to track this we will have more information for past comparison.

Q4 2007 28,297 $61,493,608 $9,443Q3 2007 20,005 $39,403,672 $13,411

IACC Benchmarking Survey – Average Responses for Last Four Quarters

IACC Benchmarking Survey – 4th Quarter, 2007

# of Accounts Total $ Amount Average Account SizeTotal 481,048 $1,045,391,335 $160,538Average 28,297 $61,493,608 $9,443Median 1,718 $9,000,000 $3,395

T hank you to all agency members who responded to IACC’s recent requests for benchmarkingnumbers. The results are listed below. Please note that the number of agencies responding each

quarter can significantly affect the average statistics. Therefore, the median numbers tend to be amore consistent indicator of trends. Results, submission form and deadlines are available athttp://www.commercialcollector.com. Remember, the more responses we receive, the more accuratethese statistics will be. Please complete and return your surveys!

IACC 20074th Quarter BenchmarkingSurvey Results

SURVEY RESULTS

Third-Party Collections

First-Party Collections

IACC STAFFExecutive DirectorTed M. Smith, CAE

Scope EditorJessica Hartmann

Associate EditorSara Bobrowski

Layout/ProductionDarla Rehorst

Administrative AssistantKatelyn Pearsall

Scope is a monthly newsletteravailable to members of IACC.IACC is located at 4040 W.70th., Minneapolis, MN 55435.You may contact the IACCoffice at +1(952) 925-0760 or via e-mail atiacc@commercialcollector.com.

This information is notintended as legal advice andmay not be used as legaladvice. It should not be used toreplace the advice of your ownlegal counsel. Any informationcontained in this material isbased on current research intothe issues and on the specificfacts involved herein.

©2008 InternationalAssociation of CommercialCollectors, Inc. All Rights Reserved.