Debt Collecting

Hi Rabbi Brody,

My husband is having a difficult time collecting money from one of his patients ($1,436) for over a year already. The man is a "frum" Jew but he keeps making excuses.  He acknowledges that the dental treatment my husband gave him was excellent, but he says he can't pay. We tried arranging a payment plan several times, but then he gets annoyed and avoids the issue.

We are aware that a civil small claims court would force him to pay, but we are also aware that Jewish Law requires us to settle such disputes in a Rabbinical Court (Beis Din). We'd rather not take him to Beis Din or send his debt to a collection agency. How do we convince him to pay us? We happen to know that the individual is not destitute, but is a man having some financial setbacks. Are we inconsiderate "villians" for wanting our honest, hard-earned money? What do you suggest we do?

Thank you, S from NYC

Dear S,

You and your husband are certainly not villains; indeed, you are righteous individuals worthy of praise. Simply by forgoing an easy victory in claims court in order to observe the law that requires us to settle disputes in a Court of Torah Law, you and your husband earn the title of tzaddikim. In my humble opinion, one's true level of faith is manifest by his or her financial dealings. Also, I know how easy it would be to turn to a strong-armed collection company; many a person in your situation would be happy to pay 25-35% in order to salvage what they could, not caring if and how the collection company twists the guy's arm. So now that we know you're not a villain, but on the contrary - a rightoeus Jew, I think you have one of 3 choices:

1. Call him and ask him what he prefers - Beis Din or payment arrangement. Tell him emphatically that if he refuses to commit to a payment schedule, the next call he gets will be a summons from the Beis Din. This is money you earned and you deserve to be paid.
2. Ask Hashem to handle this for you, since you are not interested in fighting with another Jew, knowing that Hashem will give you what you need and when you need it from whatever source He decides.
3. Write it off as maaser, forgive the Jew, and Hashem will forgive you of every spiritual debit you ever owed Him.

The choice you make depends on your spiritual level. All three are kosher choices. A person with less emuna may think that options #2 and #3 are incentives for further debt delinquencies, but a person with true high-level emuna knows otherwise. I don't know you well enough to suggest which option is best for you and your husband, but pick the option you can live with comfortably; don't fool yourselves. Blessings and all the very best, LB