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What Happens during the Collection of Debt?



If you have debts to pay for your credit cards, student loans, mortgages or car payments, you should be diligent about making the required payments. If you repeatedly miss payments, your account may be turned over to an agency for the collection of debt.

Once your creditor has grown tired of pursuing you for payments, the collection agency will assume all the responsibilities related to the collection of debt. The collection agency will contact you to inform you that it will handle your account. Within five days from the time of contact, the collection agency will send you details regarding the collection of debt. The agency will mail or fax a written document with information about the amount of money you owe, the company you owe it to and the actions it will take if you do not make payment.

The process of collection of debt may start with a phone call, an email, a fax message or regular mail. Sometimes, the collection agency may even visit you at your home. However, keep in mind that collection agencies are not allowed to contact you before 8:00 am or after 9:00 pm. This ensures that communication happens at a time that is convenient for the debtor. Also, the collection agency is not allowed to call you incessantly or flood your mailbox with numerous emails. Such a behavior may be considered harassment.

In the course of the collection of debt, there are practices that should be avoided by the representatives of the collection agency. These include:

1) Use of threat of force, violence or harm.
2) Use of obscene and profane language.
3) Use of racial slurs, and other insults
4) False representation – the collector cannot lead the debtor to think that he has legal powers or that his actions are mandated by the government
5) Solicitation of extra fees and charges

Moreover, the collection of debt is a process that should work for both the collector and the debtor. While the debt collector has the right to pursue you for payment, you also have the right to dispute his claim. If you have reason to believe that the debt is not yours or that the amount indicated is incorrect, you may write a letter to the collection agency. This letter should be filed within 30 days of the time of contact between you and the collection agency. Also, if you want the collector to stop calling you, you can send a letter requesting that all communication be done via regular mail.

In the process of the collection of debt, you are allowed to contact the debt collector and request for changes in your payment plan. You may ask him to reduce the amount or to allow you to make more installments over a longer period of time. This gives the collector the guarantee that you will pay since the newly-negotiated rates are more affordable to you.


Other Debt Collection Rights related Articles

Debt Collection Agencies
Fair Debt Collection
Fair Debt Collection Practice Act
Debt Collection
Fair Debt Collection Practices

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Debt Collection Rights Specific links

Debt Collection Rights News

Know your rights when dealing with a debt collector - Journal Inquirer


The Consumerist (blog)

Know your rights when dealing with a debt collector
Journal Inquirer
Complaints about debt collectors were the second highest number of consumer complaints to the Federal Trade Commission last year. And a debt collector's unjustified efforts were the topic of my Leave it to Levy column two Fridays ago. So your rights ...
Luebke Baker & Associates, FTC Settle For Collecting On Fake DebtsHuffington Post
Debt Collectors Settle With The FTC, Say They Won't Pose As Ed McMahon AnymoreThe Consumerist (blog)

all 6 news articles »

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Keep Debt Collectors At Bay And Yourself Out Of The Slammer - Business Insider


Business Insider

Keep Debt Collectors At Bay And Yourself Out Of The Slammer
Business Insider
Here are a couple tips for dealing with those dreaded debt collectors: Know your rights. As consumers, we are protected under the Fair Debt Collection Practices Act against harassment from debt collectors. There are certain things they aren't supposed ...

Read more...


When debt collectors call, know what your rights are - SunHerald.com


SunHerald.com

When debt collectors call, know what your rights are
SunHerald.com
By SCOTT J. WILSON - Los Angeles Times n The debt collector must tell you -- within five days of initial contact -- the amount you owe, the name of the creditor and how you should proceed if you think you don't owe the money. If you dispute the debt, ...

and more »

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6 Ways To Keep Aggressive Debt Collectors At Bay - San Francisco Chronicle


6 Ways To Keep Aggressive Debt Collectors At Bay
San Francisco Chronicle
SEE: What You Need To Know About Bankruptcy If you're in debt and the birds of prey are circling, there are a few things you can do to beat them off. You have rights as an American citizen - rights that debt collection agencies cannot infringe upon no ...

and more »

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Know your rights: Debt collector can call at work until you tell him to stop - Victoria Advocate


Know your rights: Debt collector can call at work until you tell him to stop
Victoria Advocate
Based on what you say, my opinion is the debt collector is violating federal law. First, until a consumer tells a debt collector he is not allowed to receive calls at work, the collector has the right to call. You don't say whether the employee told ...

and more »

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