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You have two different things happening here: 1. Normal startup legal issues (corporate form, employment law, tax, funding, IP, etc) 2. Subject matter legal i
by blakdawg 13y ago
You have two different things happening here:
1. Normal startup legal issues (corporate form, employment law, tax, funding, IP, etc)
2. Subject matter legal issues. The subject matter you've chosen (collections) is a highly regulated activity, at the state and federal level. You need to find someone who does collections (also called debtor/creditor) to help you understand what you can and can't do. A TOS document doesn't help limit your liability to third parties - like debtors - who may gain the right to sue you if you screw up. And that's a profitable niche for some attorneys - representing debtors who want to sue creditors/collectors who don't follow the rules. Your TOS can insist that your customers indemnify you - which may turn out to be worth nothing, if the customers are insolvent/thinly capitalized.
- crixlet 13y agoThanks for the reply. Re: #2, I'm not sure if i'm necessarily treading in the collections water. It's more of an added service (similar to invoicing) to help freelancers persistently remind (aka nag) their clients that are slow to pay or haven't paid. I'm wondering if by structuring the service in this manner if I can avoid becoming a debtor/collector. Apologies to bring the response a bit off topic -- I guess i'm in the process of figuring out what my question actually really is. Appreciate your feedback.