In parts one and two in this set of articles on the very basics of debt collection, I spoke about the differences between an in house collector and a third party collection agent. I let you know about the different types of ways that debt collectors will locate the debtors, and described a number of statements that the debt collector must say before they can proceed in their attempt to collect debt from you.
Collection agents call these legal guidelines a “mini Miranda.” If a collections agent does not give this information to you, he or she is violating the Fair Debt Collection Practices Act. If questioned, the debt collector is obligated to tell you her name, the name, address and fax number of her agency, and what creditor she is calling on behalf of.
If it is necessary the collections agent will go over the terms of sale with you, or credit contracts. Keep in mind that your conversation will most likely be recorded, and a good collection agent is a sneaky one. They will probably utilize their listening skills to attempt to determine the cause of the delinquency.
Even though you may have heard some incredible anecdotal stories, or you may have read sensational stories in the news, most debt collectors are empathetic people, working to make a buck like you. Even if your debt collector is calling aggressively, it is never a good idea to ignore their calls. A debt collector will have the authority to offer a repayment plan, or some other type of help to make it easier for you to pay off of your debt.
At times, they are capable of finding solutions to your financial problems. After all, they work with people like you every day. They can even offer you some helpful advice or they may be able to tell you about some helpful debt counselors. Unluckily, it has been mentioned that all stereotypes have some truth in them, and there will be an occasional debt collector who may use strong arm or even illegal tactics to collect money that is owed. If a collections agent calls you, and something doesn’t sit right with you, consult the FDCPA, and call your local attorney general’s office to report the incident.
Mallory Megan works for Rapid Recovery Solution and writes articles on medical collection agencies.
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