Legal And Illegal Tactics A Debt Collector Will Use To Collect: Debt Collection Basics Part Three
In the first two articles I defined what a delinquent account that had been sent to collection was, how sending late accounts out to an debt collection company benefits a creditor, and the practice of selling an old debt to a third party collection agency.
I described what sort of data a collection company will collect and use in their efforts, and also that third party collection agencies are governed by federal and state laws and are overseen by the FTC.
Some collection agencies will use illegal, deceptive and strong arm tactics to confuse and scare debtors that include pretending that they are one of their creditors and asking them to verify information, pretending to be an old friend or neighbor to catch a debtor off guard, repetitively calling or mailing a debtor to the point where it gets to be a nuisance, or sending threatening letters or leaving threatening voicemail messages.
Legal but manipulative practices include pressing the debtor, preying on their emotions, and using vague threats like “respond within ten days or further collections attempts will follow.” Other illegal practices include making an idle threat of litigation or pursuing litigation when the debt collector has no intention to, threatening to throw a debtor in jail, threatening to garnish wages or seize bank accounts when they have no authority to, lying about the amount that is owed, or asking for more than what is owed are used as well.
For the debt collection industry, time is the enemy and a good debt collector is fully aware of this. Their goal is specifically to obtain money as soon as possible.If you are talking to a debt collector, keep in mind that at any time you have the legal right to tell them you are busy and will call them back if you are flustered, hang up, cool off, develop a game plan, and contact them later. An aggressive debt collector will ask you why you can’t make payment arrangements today.
Rapid Recovery Solution is a commercial collection agency that writes articles on medical collection agencies. Also published at Legal And Illegal Tactics A Debt Collector Will Use To Collect: Debt Collection Basics Part Three.
How Will A Collection Agency Try To Collect My Debt?
Collection agencies primarily use letters and phone calls to achieve collection. Collection letters are typically computer generated, and differ in severity. The first letter usually starts with a simple “reminder” tone and as the letters progress they may build up to a final demand.
The first demand letter legally must inform the debtor that they have the capability of disputing the validity of the debt, or if they choose to, request written verification of the debt. If they would like to receive written verification, the agency by law must send some sort of confirmation after verifying it with the original creditor. Demand letters will also confirm that they come from a debt collector, and that any information obtained will be utilized in the attempt to collect debt.
The envelopes of collection correspondence cannot reveal anything that might suggest that it is a collections letter. Therefore, any type of mail that might be embarrassing or public, such as a post card, would be strictly prohibited. The return address should also be discrete; as a result many collection companies will just use their company’s initials, or some other type of vague name.
The nature of the additional notices will depend on the debtor’s reaction. If a debtor agrees to pay off the debt this will most likely result in letters written with a gentler tone. Belligerent reactions, or even a lack of reaction from the debtor might result in a more threatening tone to the letter.
The idea of debt collection is to try to achieve a sense of urgency. Most debt collectors are aware that many debtors owe many types of debt and seek to instigate the debtor to prioritize their particular account. Deadlines may be set, with vague threatening tones, but failure to respond usually results in only more correspondence. Collection letters will always try to convince the debtor to call the collection agency on the telephone directly. If the debtor does not within thirty days, then the collector will often initiate phone calls.
Mallory Megan works for Rapid Recovery Solution and writes articles on commercial collection agencies Check here for free reprint licence: How Will A Collection Agency Try To Collect My Debt?.
In Spain, Your Bill Collector May Come For You In A Top Hat
Would you be mortified if someone in a top hat and tuxedo followed you into a restaurant and quietly joined your lunch date? How about three men with more to love dressed like superheroes asking your neighbors for donations to help you in your financial situation?
In Madrid, make sure your bills are paid off or you might be visited by one of these strange characters. The recession has hit Spain hard. Official figures demonstrate that the unemployment rate has sky rocketed, reaching 19.3 percent. That is one of the highest rates in Europe. Around four million people are not working. That’s the same number of jobless people as France and Italy put together. One business is flourishing however, that business is debt collection.
Spanish law is pretty lax when it comes to paying back debt. They allow 95 days to settle bills, not like the 30 day time periods in other parts of Europe. This ,in addition to the fact that Spanish courts give the matter low priority put collection companies in high demand.
One company, El Cobrador del Frac – which translates in English as “The Debt Collector in Top Hat and Tails” – boasts more than 250 collectors, and an equal number of investigators and secretaries.Their goal is to work out some deal and retrieve retribution, not to run after people without the means to pay the bill.
For the company, the new and most popular business is coming from constructive trade which is suffering from a huge slowdown. Homeowners owe money to contractors, contractors owe money to construction companies, construction companies owe equipment makers, and so forth and so on.
Last year, the agency had a wedding company contact them over a couple who did not pay the $83,000 bill for their extravagant wedding. The agency obtained a wedding guest list and began calling up guests one by one on the phone and asking them if they had the chicken or the lobster, and then asked them where to send the bill. Eventually the shamed couple paid up.
These ideas are interesting, (I guess that’s one way to describe it) but they won’t be this effective in due time. In this time of crisis, too many people have debts and they honestly can’t pay. And to these people, it doesn’t matter how much you humiliate them.
Mallory Megan is employed by a debt collection agency. She also writes stories on business, finance, consumer spending and collection agencies. Grab a totally unique version of this article from the Uber Article Directory
Debt As Opposed To Bankruptcy
With consumer debt at an all time high, owing a debt can seem very overwhelming. A lot of people have looked into the internet and have seen advertisements claiming debt relief as a quick fix. Alluring as these ads may seem, it is important to be on the lookout for the validity of the claim.
While many of these promise a quick fix, that quick fix may be bankruptcy. And yes, bankruptcy is one way to address your financial issues, but in most cases it should be seen as a last resort. The fact that you claim bankruptcy remains on your credit report for ten years which means that your chances of getting credit, jobs, a place of residence, or insurance are significantly lowered.
It’s always a smart move to think about other options before deciding to file for bankruptcy. Speak with your creditors. Most of the time a re-payment plan can be etched out that is changed or can be paid in installments. Credit counseling services can work with you and your creditors to make debt repayment plans.
If you are considering a second mortgage, be careful. These loans require your house as collateral. Bankruptcy can stop foreclosures, debt collection activities and it may get rid of unsecured debts. Exemptions are provided that let you keep certain assets. However, personal bankruptcy does not usually eliminate child support, fines, taxes, alimony and in some cases student loans.
It will not usually permit you to keep your property if your creditor has a security lien or mortgage that has not been paid. A relatively recent tweek in bankruptcy laws makes certain hurdles that you have to overcome before you can even file for bankruptcy, it doesn’t what type of bankruptcy. First, you have to get credit counseling from an organization approved by the government within six months before filling.
Bear in mind that in certain cases you need to pass a test that requires you to confirm that your income level does not exceed a certain amount.
Mallory Megan works for a collections agency that works with a debt collection lawyer. Also, she does articles on business and finance, the credit industry and collections agencies. Get a totally unique version of this article from our article submission service