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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 Fair Debt Collection Practice Act related Articles

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Fair Debt Collection Practice Act News

Fair Debt Collection Reform Bill Re-Introduced by Barney Frank - InsideARM


InsideARM

Fair Debt Collection Reform Bill Re-Introduced by Barney Frank
InsideARM
Thursday introduced another bill that would amend the Fair Debt Collection Practices Act (FDCPA) to specifically exempt debt collectors from liability when using approved language in voice mails and messages. The bill's (HR 5794) purpose, as officially ...

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FTC settles with debt collectors over bogus magazine payments - Chicago Tribune


The Consumerist (blog)

FTC settles with debt collectors over bogus magazine payments
Chicago Tribune
According to the FTC's complaint, the defendants, who handle collection of hundreds of thousands of accounts each year, violated the FTC Act, the Fair Debt Collection Practices Act and the Telemarketing Sales Rule. The complaint also alleges that the ...
Luebke Baker & Associates, FTC Settle For Collecting On Fake DebtsHuffington Post
Know your rights when dealing with a debt collectorJournal Inquirer
Fake debt scam surfaces in Upson CountyThomaston Times
The Consumerist (blog) -WTOP
all 6 news articles »

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Mike Ginsberg: First Quarter ARM Legal, Legislative and Regulatory Climate ... - InsideARM


InsideARM

Mike Ginsberg: First Quarter ARM Legal, Legislative and Regulatory Climate ...
InsideARM
Barney Frank introduced HR 4101, The Fair Debt Collection Practices Clarification Act of 2012. This bill seeks to amend the Fair Debt Collection Practices Act to exempt a debt collector from liability when leaving certain voice mail messages for a ...

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Online Payday Advances Launches Lending Policy Article - DigitalJournal.com (press release)


Deseret News

Online Payday Advances Launches Lending Policy Article
DigitalJournal.com (press release)
These include the Truth in Lending Act, which prevents loan lenders from hiding details such as late fees and interest rates, and the Fair Debt Collection Practices Act, which prohibits dishonesty or harassment on behalf of debt collectors during the ...
24HourPaydayLoan.com Unveils Lending Policy ArticleMidland Daily News
Faxless Payday Loan Launches New Lending Policy MaterialVirtual-Strategy Magazine
GetCashToday.com Offers Up New Lending Policy ResourcePR Web (press release)

all 36 news articles »

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Bad News for Most Debt Collectors and Good News for Consumers - Huffington Post


InsideARM

Bad News for Most Debt Collectors and Good News for Consumers
Huffington Post
Also in 1978, Congress enacted a debt-collection law known as the FDCPA, or "Fair Debt Collection Practices Act," which we're still working under today, 34 years later. Hemlines have changed a zillion times since then, but our debt-collection laws have ...
How to Protect Yourself From Criminal Debt CollectorsU.S. News & World Report

all 4 news articles »

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