NJIC Spotlight:

Technology Providers

Technology Industry Collection Issues

NJIC has handled technology accounts for 25+ years. The technology industry suffers disproportionately from delinquent accounts receivable.  Typically, technology providers are less aggressive in pursuing overdue accounts. Here’s why:

(1) Technology companies are relentlessly focused upon product development, sales and customer satisfaction; collection issues are outside of their corporate culture and paradigm.

(2) Large customers often have leverage given high gross margins and the sensitivity of growth companies to lost revenues.

(3) The subscription model used by many technology companies is vulnerable to late payment, creating a standoff between when to cut off services or restore them.

Many accounts payable managers exploit these dynamics and strategically decide which vendors to delay beyond agreed-to-terms and which ones to force into inevitable write-offs. Many vendors turn to traditional third-party collection agencies, but they lack expertise or litigation experience and are viewed as ineffectual. NJIC strives to persuade or compel your delinquent clients into putting your invoices at the top of their payment schedules.

Industry Aware

Traditional collection agencies don’t understand the business models of technology companies, hindering their effectiveness. NJIC has vast experience with the array of contractual structures and services within the technology space:

    • SaaS Fees
    • Support & Maintenance
    • Licenses
    • Subscriptions
    • Consulting & Professional Services Fees

Results-Oriented Collection Strategies

NJIC manages these issues by formulating collection strategies after consulting with the client. Hiring a third-party collection agency avoids a potentially damaging direct confrontation with the client. We can pursue a tactful approach to resolve the dispute amicably and preserve the client relationship. Alternatively, we can pursue a more aggressive stance focused on collection results, including litigation, if necessary.

Many issues may impede debt collection, such as contract interpretation and the need for dispute resolution. To manage these issues and maintain credibility, our staff is comprised of paralegals and attorneys. Our multi-step process, honed over decades, strives to preserve market share, protect clients’ reputation, and recover the maximum amount of monies due and owing.

An Attorney-Driven Process

The success of NJIC comes from its relentless pursuit of debtors coupled with the credible threat of litigation. NJIC founder Nathan Neuman has 20+ years of experience protecting the rights of creditors.

Bio of founder Nathan Neuman

Nathan Neuman is a member of the Pennsylvania and New Jersey Bar Associations and the Commercial Law League of America. Since 1994, he has been the CEO of National Judgment Investment Corp (NJIC), a commercial debt recovery specialist, headquartered in Ambler, PA.

Mr. Neuman is a recognized expert in the field of Creditors’ Rights and has taught debt collection seminars to members of the Pennsylvania Bar Association through Continuing Legal Education (CLE) courses. He has been appointed collection counsel for federal bankruptcy trustees in Philadelphia, PA in order to enforce preference money judgments.

Mr. Neuman worked as an attorney at the U.S. Securities and Exchange Commission in Washington, DC where he assisted in some of the most storied cases in the agency’s history, such as the investigation of Michael Milken. At private sector law firms, Mr. Neuman worked to prosecute Securities Fraud and Antitrust Class Action cases resulting in total settlements in excess of $500M.

In 1988, Mr Neuman graduated from The National Law Center of The George Washington University with a Master of Laws (LLM ) degree in corporate law.

Case Studies

Medical software company seeks payment from defunct medical company.

Client: A U.S. based publicly-held medical software development company located in St. Louis, MO.

Problem: Client was owed $39K from a surgery center corporation located in Seattle, WA that had recently gone out of business.

Solution: After further review of client’s usage reports, we were able to determine that the former doctors of the now defunct surgery center had continued using client’s software in order to access patient data which was unlicensed and otherwise illegal. We used the legal theory of “piercing the corporate veil” in order to hold the doctors personally responsible for the debt owed by the defunct debtor corporation based on the unlicensed and illegal access to our client’s software solution.

Outcome: Based on the threat of litigating this matter and naming the doctors as individual defendants, we quickly came to an amicable resolution where we recovered the full principal balance plus interest and collection fees. Time between receipt of file and payment: 30 days.

Collections from US Department of Defense based in Korea for software.

Client: A large publicly held international software manufacturer based in Canada.

Problem: The client was owed $125K by the U.S. Department of Defense (DOD) based in South Korea.

Solution: The file was quite intricate and involved contractual services having been provided to the debtor by another software company that our client had acquired. Based on numerous DOD regulations, we had to not only navigate recovery through these but also multiple prongs of different DOD divisions including DOD’s Legal Department. The file turned on crafting an argument we made which documented a novation of contract via DOD regs had taken place allowing our client to step into the shoes of the original software provider and thus prove that the balance due was owed to our client.

Outcome: The DOD agreed with our position and payment in full plus interest and collection fees was procured shortly thereafter on behalf of our client. Time between receipt of file and payment: 30 days.

Belarus device manufacturer seeks international collections.

Client: A foreign publicly held device manufacturer located in Belarus.

Problem: Client was owed $49K receivable against a debtor corporation located in Boston, MA which was refusing to pay based on its knowledge that client was in a foreign country.

Solution: Based on debtor’s failure to remit amicably, we coordinated our efforts with local counsel in Boston in order to file suit against debtor. We received a default judgment and then proceeded to enforce the judgment by requiring the owner of the debtor appear for a debtor’s exam which he failed to attend. We were able to use debtor’s failure to appear in order to obtain a civil arrest warrant from the court.

Outcome: Shortly after directing the Sheriff’s office to the residence of the debtor owner, we obtained payment for the entire judgment balance plus reimbursement for court and judgment execution costs. Time between receipt of file and payment: 14 months.

Auto Parts manufacturer deals with near-bankruptcy company.

Client: A privately held auto parts manufacturer based in Omaha, NE.

Problem: Client was owed $85K by an auto parts reseller located in Ft. Lauderdale, FL.

Solution: The debtor company was under extreme financial distress, but did not want to file for bankruptcy or face litigation from our local counsel in south Florida. After reviewing debtor’s finances and exploring creative financing options, we were able to secure a reasonable 6-month payment plan tied to a promissory note by the owner of the debtor company. If the debtor company defaulted on the payment plan or filed bankruptcy, we would be able to pursue the owner personally for the balance owed.

Outcome: NJIC was able to recover the full principal plus interest and collection costs on behalf of our client. Time between receipt of file and full payment: 7 months

Medical services provider seeks monies from long-term care operations.

Client: A publicly held provider of rehabilitation therapy, diagnostic testing, respiratory therapy, and pharmacy services based in Pennsylvannia.

Problem: Client was owed $185K for occupational and therapy services provided to the residents of numerous long term care facilities owned and operated by the City of Philadelphia.

Solution: The debtor claimed that client’s billings were over inflated and inaccurate during a five-year billing period. The balance we sought to recover encompassed hundreds of invoices and were tied to 20 contracts. We were able to track each invoice to the correct contract and produce sign off sheets from the administrators of each facility attesting that the services performed and billed for by client’s therapists were correct.

Outcome: The City of Philadelphia agreed that any claims of over inflated billings were erroneous and agreed to pay the balance in full. Time between receipt of file and full payment: 4 months.

References

NASDAQ listed software company based in San Francisco

“We are very satisfied with National Judgment’s debt recovery services especially during the past year of COVID. The ability to collect unpaid invoices from businesses damaged by the pandemic requires a skillful touch in getting our company’s invoices elevated to the top of the line to be paid while other creditors are knocking on the door for payment. We believe that NJIC’s attorney driven approach gets us to the front of the payment line quickly when fighting for limited dollars available to pay ever increasing creditors. I highly recommend NJIC’s services for any company experiencing non-paying customers.”

John C., Chief Financial Officer, Software Company, NASDAQ listed San Francisco, CA

Technology Company based in Boca Raton

“The collection firm of NJIC has performed exceptionally with the accounts we have placed with it for recovery. At least one of NJIC’s recoveries was from a company which was out of business! NJIC’s in-house legal team crafted an argument which paved the way for NJIC to make the recovery from the acquirer of the debtor company. While we have used collection firms in the past, NJIC was the first and only firm we have used which combines legal power with collection talent on a contingency fee basis. Their collection rate with our files is in excess of 80%. We highly recommend NJIC for B2B collections.”

JM., Collection & Credit Manager
Technology Company, Boca Raton, FL

Fortune 500 manufacturer based in Indiana

“Since January 2015 we have discontinued using all other debt recovery agencies that we previously dealt with and are using National Judgment Investment Corporation exclusively. I can truthfully state that we have been nothing less than amazed at their ability to pursue and successfully recover our accounts receivable, many of which date back over two to three years. In fact, many of he accounts recovered by National Judgment Investment Corporation were accounts which had been previously placed with another agency who had been unsuccessful in recovering any monies due our company.”

Lorraine L., Chief Financial Officer
Manufacturer, Fortune 500 Company

NYSE listed medical device manufacturer

“We have been using the collection services of National Judgment Investment Corp. for the last decade. While our in-house team is adept at collections, there comes a time where files need to be turned over to third party professionals. Currently, NJIC is the only debt collection service we are using because of its expertise in quickly and professionally recovering our accounts receivable. We have been extremely satisfied with both NJIC’s success rate and service. More importantly, NJIC’s collection rate of dollars placed versus dollars recovered is in excess of 80%. This bottom line pleases both our Board of Directors and shareholders.”

Steven H., Credit Services Manager, Medical Device Manufacturer, NYSE listed based in Midwest.

Publishing company based in New Jersey

“Ever since the first account I placed with NJIC, I have found their collection processes, professional team and accountability second to none. There have been several accounts which I had personally considered to be uncollectible and reserved for, yet NJIC was able to recover those delinquent accounts! Over the years I have placed many high five-figure accounts with NJIC for collection not just because of their successful rate of recovery, but because I trust them – I believe that is the most valuable quality when placing a company’s cash flow and name on the line with a third-party collector.”

Emily L., President Publishing Company, NJ

John C., Chief Financial Officer Software Company, NASDAQ listed San Francisco, CA