When defining debt collection, the term easily recognized is the act or practice of collecting owed money. There is really not much literature in collecting money other than pay what you owe.
Debt collection however unpleasant for the debtor is of grave importance to any creditor and such a creditor may decide to retrieve what is owed personally or do so via the services of a bank by court orders, or may employ the services of a debt collector. A debt collector is some person who regularly collects debts owed to others. Note the word REGULARLY, that is, they are not unfamiliar about the requirements for collecting clients’ debts so beware. These persons may be collection agencies, lawyers: who collect debts on a regular basis or companies: that purchase delinquent debts and then tries to collect them.
Debts to be collected may include personal, family, and household debts, as well as money owed on a personal credit card account, an auto loan, a medical bill, your mortgage and perhaps other items not paid for. The issue here remains if by any means you are behind in paying the afore mentioned bills or by rue of luck happen to turn up on a creditor’s then please be informed that you may soon be visited by a debt collector. However, being a debtor does not mean you lose all right of freedom of rights and speech. Not quite so, as a matter of fact you have all your human and material rights and privileges intact plus additional debtor’s rights protection by state law but this applies if you have no legal problems.
Lawful/Unlawful Debt Collection Practices
Better to be safe than sorry and sad, arming yourself with a few pointers could save and somewhat protect a debtor from maltreatment and rights violation by a debt collector, provide you are fault free.
By law there are a few debt collection practices you should be aware of to avoid being victimized.
When contacting a debtor, the debt collector must contact a representing attorney if one exists otherwise; a collector may contact other people – but only to gather information on a debtor’s contact details. Usually, collectors are prohibited from contacting third parties more than once and they are generally not permitted to discuss debtor’s debt with anyone other than the person in question, a spouse, or a representing attorney.
HARASSMENT; Debt collectors may not harass, oppress, or abuse debtor or any third parties contacted.
FALSE STATEMENTS; a debt collector may not lie when trying to collect a debt.
UNFAIR PRACTICES; Debt collectors may not engage in unfair practices when they try to collect a debt such as try to collect any interest on money owed unless stated in contract agreement; deposit a post-dated check early; threaten to take debtor’s property unless legally approved.
VERIFICATION OF DEBT CLAIMS; a debt collector usually has to verify that the debt in claim can be verified by bill of statement of showing proof of debt.
Author Resource:
Roy CBC is author of this article on Debt Collection .
Find more information about Debt Recovery here.
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