Finance and Law

Know More About Debt Collection Laws: Collections Process, Practices and Methods

<p style&equals;"text-align&colon; justify&semi;"><strong>Disclaimer&colon;<&sol;strong> <em>What you’re about to read is as an informational piece only and isn’t meant to replace legal advice&period; For more information on what legal recourse you can take if ever a debt collector has violated debt collection laws&comma; you would have to seek the counsel of a licensed attorney who can represent you should you decide to take the offending debt collector to court&period;<&sol;em><&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Almost everyone runs out of money at some point&period; But whereas most people would glumly accept the situation and try to cut down on unnecessary spending&comma; you might be borrowing money from another individual or a business so that you can spend it on something that you might urgently need&period; Of course&comma; the money that you borrowed from your creditor comes with a promise on your end that you’ll pay them their money back on or before a due date that both of you initially agreed upon as part of your debt contract&period; However&comma; as your creditor doesn’t have forever to wait for you to repay them if you still haven’t done so&comma; they may transfer your outstanding debt to a collection agency&period; Unfortunately&comma; debt collection still gets the occasional bad rap as some agencies who do it tend to scare debtors into repayment with various sorts of illegal practices&period; Thus&comma; you would want to know more about debt collection laws – particularly the different phases of the debt collection process as well as some practices and methods that aren’t allowed by the law – so that you can determine if an agency that’s asking you to pay back the money that you owe your creditor is doing it legally or not&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">What Are the Three Stages of the Debt Collection Process&quest;<&sol;h2>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">While the process of debt collection itself varies according to how the creditor prefers their debtors to repay them&comma; it typically consists of three stages which are as follows&colon;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;"><img class&equals;"size-full wp-image-5366 alignright" src&equals;"https&colon;&sol;&sol;newsforpublic&period;com&sol;wp-content&sol;uploads&sol;2018&sol;01&sol;Stage-of-debt-collection-process&period;png" alt&equals;"Stage of debt collection process" width&equals;"414" height&equals;"204" &sol;><&sol;p>&NewLine;<h3>1&period; First-party agency<&sol;h3>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Your creditor has several things to do on their plate other than constantly remind you of the money that you have to pay back to them&period; Thus&comma; instead of your creditor&comma; you may find yourself dealing with their internal collector&comma; or what’s more commonly known as a first-party agency&period;<&sol;p>&NewLine;<ul style&equals;"text-align&colon; justify&semi;">&NewLine;<li>A first-party agency is called that because they directly report to your creditor or &lpar;the first party&rpar; based on the debt contract that you &lpar;the second party&rpar; agreed upon&period;<&sol;li>&NewLine;<li>You would want to pay back the money that you owe to a first-party agency as you’re still somewhat dealing with your creditor&comma; albeit indirectly&period;<&sol;li>&NewLine;<&sol;ul>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;">2&period; Third-party agency<&sol;h3>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">If several months pass and you’re still unable to repay your creditor&comma; your debt would be passed on to a third-party agency who would collect it from you&period;<&sol;p>&NewLine;<ul style&equals;"text-align&colon; justify&semi;">&NewLine;<li>As evident in its name&comma; a third-party agency isn’t originally a part of the debt contract that both you and your creditor agreed upon&period;<&sol;li>&NewLine;<li>A third-party agency takes a percentage out of your debt repayment – whether it be full or partial – in the form of a fee so that it could make a profit out of its collection of your debt&period;<&sol;li>&NewLine;<&sol;ul>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;">3&period; Debt buyer<&sol;h3>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Some third-party collection agencies&comma; on the other hand&comma; might buy your debt instead to lighten the burden that your creditor has been carrying&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;"><img class&equals;"size-full wp-image-5368 alignright" src&equals;"https&colon;&sol;&sol;newsforpublic&period;com&sol;wp-content&sol;uploads&sol;2018&sol;01&sol;Debt-Buyer&period;png" alt&equals;"Debt Buyer" width&equals;"283" height&equals;"424" &sol;><&sol;p>&NewLine;<ul style&equals;"text-align&colon; justify&semi;">&NewLine;<li>Unlike the usual third-party agency that lets you settle your debt partially&comma; a debt buyer requires you to pay it in full&period;<&sol;li>&NewLine;<li>Your creditor might even turn over the money that you owe them to a private debt collection law firm who also happens to be a debt buyer so that your chances of repayment would be greater&period;<&sol;li>&NewLine;<&sol;ul>&NewLine;<h2>What Are Some Debt Collection Practices and Methods That Aren’t Allowed by the Law&quest;<&sol;h2>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Debt collection agencies are hired by creditors in case anyone among their debtors fails to pay them back despite several months of being reminded to do so&period; It’s rather unfortunate though that not every agency in existence follows debt collection laws which can make some debtors avoid them&period; If a third-party agency or debt buyer is currently asking you to pay back the money that you owe your creditor&comma; you would want to watch out in case they do any of the following bad practices that violate the law&colon;<&sol;p>&NewLine;<ul style&equals;"text-align&colon; justify&semi;">&NewLine;<li>Harassment and verbal abuse&period;<&sol;li>&NewLine;<li>Lying and claiming to be someone or something other than a debt collection agency&period;<&sol;li>&NewLine;<li>Collecting an amount greater than your total outstanding debt&period;<&sol;li>&NewLine;<li>Calling you despite previously informing them in writing that you’re not allowed to take calls during your working hours&period;<&sol;li>&NewLine;<li>Threatening to seize your property&comma; send you to jail&comma; or both&period;<&sol;li>&NewLine;<li>Withholding a certain portion of your wages and sending it straight to your creditor without a court order&period;<&sol;li>&NewLine;<li>Fabricating information about you and your debt to anyone&period;<&sol;li>&NewLine;<&sol;ul>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Borrowing a certain amount of money from either an individual or a business&comma; even if it’s for your <a href&equals;"http&colon;&sol;&sol;www&period;dicksonlegal&period;com&sol;real-estate-law&sol;">home<&sol;a> or other personal needs&comma; isn’t something to be ashamed of&comma; especially if you’re more than capable of repaying your debt in a timely manner&period; However&comma; if several months pass and you’re unable to repay your debt&comma; your creditor turns it over to a debt collection agency tasked to remind you of the amount that you have to pay back&period; Unfortunately&comma; some agencies tend to commit debt collection practices and methods that violate the law while attempting to make debtors pay back the money that they owe their creditors&period; If a collection agency that asks you to pay your debt has committed any of the illegal practices mentioned above&comma; you would want to consult a lawyer that specializes in debt collection who can guide you on any legal actions that you can take against the agency itself&period; Of course&comma; you should also find a way to pay back the money that you owe your creditor in full so that you can finally be rid of debt&period;<&sol;p>&NewLine;

Hardik Patel

Hardik Patel is a Digital Marketing Consultant and professional Blogger. He has 16+ years experience in SEO, SMO, SEM, Online reputation management, Affiliated Marketing and Content Marketing.

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