Debt Collection For Beginners: Rules And Regulations
Welcome back to debt collection 101, your beginners guide to debt collection. In article two of this series, I wrote about what a debt collector will do after they have located their debtor and informed them of their debt. Many times collection agents can make it easier for debtors to pay back their delinquent accounts, can be friendly and offer advice, but also have the ability to mark your credit score negatively, and hand your account over to an attorney if you refuse to pay.
In article one, I spoke about the two different kinds of collection agents, in house collectors, and third party collectors. In house collectors are debt collectors that work directly for the creditor, and these creditors are usually financially based organizations like mortgage or credit card companies. Third party debt collectors make up the majority of debt collectors and work directly for a third party collection agency that is hired by a creditor to collect on their delinquent accounts.
Due to the fact that in house collectors work directly for their creditors, they are not restricted by a number of the rules and provisions of the Fair Debt Collection Practices Act (FDCPA). However, third party debt collectors are, and there are a number of rules and regulations that they are bound by.
In addition to the Federal regulations third party collection agents have to abide by, they also have to be careful to abide by the state procedures that apply too. Debt collection is closely monitored because of the fact that people’s financial issues have the capacity to be a sensitive issue. According to the Federal Trade Commission, a collector must positively verify that they are speaking with the debtor themselves, and not anyone else before they can proceed.
After they have positively identified the debtor, the debt collector will issue a statement, known as a “mini-Miranda” which lets the consumer know that this phone call is an attempt to collect debt, and any information in the conversation can be utilized to do so. The numbers of regulations and rules for a collection agent who is calling cross country can be overwhelming. A number of companies use electronic systems now to help debt collectors keep track of all of the rules regarding each call. To be continued in parts 4, 5, and 6.
Mallory Megan works for Rapid Recovery Solution and writes articles about credit collection agencies. Check here for free reprint licence: Debt Collection For Beginners: Rules And Regulations.
July 22, 2010 | Posted by Mallory Megan
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