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Committee Blog: What Should You Do If Your Customer Won’t Pay You?

By Sam Fensterstock, AG Adjustments
Member of NCIA’s Banking & Financial Services Committee

When I first came into the market in 2016 almost every company told me that they don’t have collection issues, they either get paid COD or get paid “on time.” Well, as the recent reports about a dispensary stopping payments to vendors has hit the press, I thought it would be a perfect time to talk about an issue that has largely been ignored in the cannabis market: collections, and what you should do if you are not getting paid?  

Almost every company I have spoken to, whether they are a grower, manufacturer, or service provider are extending some type of credit to some of their customers. With more companies in the cannabis space now extending credit to their customers, delinquent payments are on the rise and the management of your new “accounts receivable” can have a major impact on your cash flow.  

Most of this credit extended today in the cannabis market is what we call “friendship credit,” credit that is extended to a customer who you have developed a personal relationship with and where no credit analysis was performed. Friendship credit may have worked in the past, but the rules are changing and as you may be experiencing first hand, many of these customers are not paying you on time and some are not paying you at all. If this is happening to you, what should you do?

The following is a common-sense approach to the problem of determining whether a customer has become a collection problem where you may need outside help. Customers that have a cash flow problem must choose which vendors they will continue to satisfy and which vendors they will not. If a company has insufficient cash on hand to pay all their vendors, some are not going to get paid on time. This can be a one-time problem, or it can be an endemic problem and if you don’t act promptly it may cost you. 

The Customer is More Than 30 Days Past Due 

Your customer always paid on a timely basis, you have transitioned them from paying you COD to credit terms and now they are 30 days past due. They answer your calls but promises for payments and clean up the past due balance are not met. Chances are you have a problem and depending on how old the debt gets, turning them over to a 3rd party collection agency may be the way to go and save you a customer. Yes, you read it correctly, save you a customer and get you paid, that is the goal of a collection agency.

The Customer is Not Returning Your Calls and Re-Ordering

Your customer is past due and ducking you. If they won’t talk to you after repeated attempts to reach them, their debt is 30-60 days past dues and getting older and they are not trying to re-order and pay down the old balance, a collection agency may be your only solution. Collection agencies have trained recovery professionals that focus on working with these types of accounts. A collection agency experiences this problem as a normal course of their daily activity and they are experts at getting your customer to the table because it’s what they do for a living. 

The Customer Has Stopped Buying 

If the customer has stopped buying and owes you money, even if it’s not past due you need to be on the alert. For whatever reason, if the account no longer needs you, they don’t have a reason to be prompt. If they go 60 days past due, you are probably going to need outside help to collect your money. 

You Receive Negative Information on the Customer from Other Suppliers

Your customer is past due, and you receive some negative information on them from other suppliers who are also selling to them. When a company gets into trouble financially, they start allocating their available cash, the key important vendors may not see a problem, but the secondary vendors will. For example, if the account is a dispensary they need to have flower and concentrates on the shelf and therefore those suppliers will get paid first. But if you manufacture infused THC/CDB sports drinks that do not sell as well you might not get paid on time if the dispensary has cash flow issues. If you have relationships with other suppliers leverage them to find out what is going on.

Final Thoughts 

If you are extending credit you will need to implement a collection policy that details how to manage and collect from a delinquent customer as well as what is your point of no return is where you need to pull the trigger and place the customer with a 3rd party collection agency. The warning signs listed above are usually evident during your internal collection efforts and the sooner you recognize them the better. Prompt action will save you money. If the account is behaving erratically, you should turn them over to a 3rd party collection agency as they trigger the 60-90 days past due signal because probably things are not going to get better, only worse.   


Sam Fensterstock is the SVP of Business Development at AG Adjustments (AGA), a 48 yr. old provider of 3rd party commercial collection services where he oversees sales, marketing and revenue.   Sam has spent his entire business career as an entrepreneur and senior executive in the commercial credit & collection space.  Sam been a founder and played a key role in the dynamic growth of several leading niche commercial credit risk management companies including F&D Reports, CreditRiskMonitor and PredictiveMetrics (sold to SunGard/FIS in 2011) and AGA.  Sam is widely considered a vendor expert in the order to cash and credit and collection process.   AGA is the only national collection agency focusing in the cannabis market Sam has been an active member of the NCIA’s Banking & Finance Committee since 2017.  Sam is the author of the NCIA published White Papers “The Future of the Accounts Receivable & Credit Function in the Emerging Cannabis Market” and “Implementing an Initial Trade Credit Policy for an Emerging Cannabis Related Business” as well has authored several articles on the topic of trade credit and collections in the cannabis market. 

Member Blog: WARNING – Is Your Sales Team Also Acting as Your Collectors?

by Cody Ziering and Brett Gelfand, Managing Partners, CannaBIZ Collects

As a canna-business operator, hiring a 5-star sales team is one of the greatest keys to success. You spend time and effort recruiting to ensure the candidates are capable of professionally representing your business. Your sales team is the face and brand of your organization. They work long hours, making introductions, persistent follow-ups and cultivating true relationships that yield cash and long-term growth for your business.

However, what happens when one of your clients doesn’t seem to be paying within the terms of your agreement. This customer has fallen behind on payments and is now a past-due account. “We are owed $50,000 by one of the largest dispensaries in the state, but we don’t want to ruin our relationship with them,” has become a common statement heard throughout the cannabis industry. Even more worrisome, these fears are justified.

Ruining a profitable relationship like this has the potential to disrupt sales, cash flow, bottom line performance, and carries the potential to sink the business all together. Most growing businesses in the cannabis industry do not have the size, resources or infrastructure to hire full-time accounts receivable personnel. One of the worst decisions a canna-business can make is to pay salespeople to spend their time selling a client on writing a check for past orders, when they should be focused on acquiring new business. Making the sales team collect on unpaid invoices forces them into a precarious situation. After building a sensitive business relationship, they must now approach their clients, and become the “bad guy bill-collector.” This label will then forever be applied in your client’s mind about your sales staff and from then on, will create a tenuous business relationship.

A canna-business has the option to assign a support staff member or “inside sales” to collect in-house. But that, in turn, will result in the same problem. It takes them away from productive work and puts your company in an awkward position that can damage the relationship your salesperson worked so hard to cultivate.

Similar to hiring a painter, canna-companies are starting to seek help to recover on their past-dues. If you want the outside of your house painted, you have two options. Do it yourself and spend hours and hours painting, or hire a painter and have the job professionally completed. A professional painter can paint your house more effectively (does a better job) and efficiently (can do it faster than you could yourself). The same can be said about professional A/R management or collection firms. These firms specialize in recovering accounts receivable and are more adapt and capable of collecting those debts for you.

When you have a difficult collection, especially a collection where the working relationship between you and the client is important, outsource the work. Find an agency that professionally manages accounts receivables and collectables. This way, you, your sales people, and your company are never the bad guy. By outsourcing your canna-business’s past due receivables, the agency will professionally communicate with debtors to recoup lost revenue quickly, and more importantly relieve the stress and potential conflict of chasing down these accounts internally. If debtors do not comply, agencies do their best to advise their clients if the money owed is more valuable than a soured relationship, which may result in legal action.

Many collection agencies offer their services on a contingency basis. When most attorneys require a retainer fee and charge steep hourly rates (sometimes exceeding $600/hour), contingent collection agencies charge nothing unless successful. They instead make a percentage of what they collect for you, only after your business gets paid. While it is possible that you might save by using an hourly attorney, it is highly unlikely. Collection agencies are businesses designed for one purpose: to recover their client’s past due A/R. They do so effectively and efficiently.

Reputable collection agencies offer their clients different collection strategies with different levels of aggressiveness. This should be based on what their client deems more valuable; the cash or the relationship. The agency that you hire should be able to pursue the debtor from YOUR direction. The agency you hire should be able to provide you a frictionless collection. A collection where all parties remain satisfied. All parties stay happy and calm, while the sales relationship remains intact. Best of all, your business recoups cash quickly, while still allowing your sales team to continue growing your business.

So do the smart thing, and don’t throw a wrench in the gears. Let your sales team hum and outsource your collections.


Brett Gelfand and Cody Ziering, Managing Partners of CannaBIZ Collects, were formerly executives at a vertically integrated Colorado cannabis company.

Recognizing the challenges with credit and collections in the cannabis industry, Brett and Cody resigned in order to lead the efforts to better the credit and collection practices for canna-companies nationwide.

Partnering with a seasoned commercial collection attorney, Brett and Cody have now helped to serve over 200 clients in the cannabis space recover lost receivables and reduce their client’s credit risk. 

 

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