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Nov 01 2016 Plan B - Promissory Notes |
Your collection Plan A isn't working. Do you have a
viable Plan B? That plan could be to convert that account receivable into a
note receivable. There is perhaps a subtle nuance in syntax but there is
a significant difference in the actual framework that could make this a viable
payment option. While this may not always be your first choice as an
alternative measure, it very well may be a worthwhile go-to option that could
provide you with some added assurance that you will be paid. The Process Tell the client that you are under a lot of pressure to pursue the legal remedies available to you but that you prefer to work something out. The client convinces you that you are going to be paid, but just not right away and they may require at least three months to pay you. Your client seems to have been using you as his bank anyway, so this might be a good time to make it official and ask them to sign a Promissory Note. If your debtor is sincere about their intent to pay, then they will agree to do so. Otherwise, this could be a good indication that they have little or no intent to pay you and you should proceed with whatever it takes through legal means to get paid.
While there are many templates that you can find online, I would suggest that you have an attorney draft an initial note tailored to your business for future use. At the very minimum, I always include a Personal Guaranty and a Stipulation for Settlement and Confession of Judgment. Your attorney can help you draft templates for both of these. Here are a few things to keep in mind:
The Benefits I have had great success with every note that I have issued. Primarily because, if done right, it creates a higher level of urgency from the client to pay. I feel that they are advantageous because you are able to find out sooner rather than later if your debtor has any intention of paying you and because it is much easier to sue on a Promissory Note than it is to sue for your product or services. Other benefits are:
While it may take some practice to recognize when to use this means or to convince your client to sign a Promissory Note, you should have the confidence knowing that you have just as much right to ask them to sign the note as they did in asking you to 'carry' them for the time leading up to this.
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