Legal And Illegal Tactics A Debt Collector Will Use To Collect: Debt Collection Basics Part Three

In the first two articles I wrote about what a collections account was, how sending delinquent accounts out to an agency profits a creditor, and the act of a third party collection agency buying old debt from a creditor.

I wrote about what type of information a collection agency will collect and use in their efforts, and also that third party collection agencies are governed by federal and state laws and are overseen by the FTC.

A minority of collection companies will utilize deceptive, strong arm and illegal methods to confuse and scare debtors that include pretending that they are one of their creditors and asking them to verify information, pretending to be an old friend or neighbor to catch a debtor off guard, repetitively calling or mailing a debtor to the point where it gets to be a nuisance, or sending threatening letters or leaving threatening voicemail messages.

Legal but manipulative practices include pressing the debtor, preying on their emotions, and using vague threats like “respond within ten days or further collections attempts will follow.” Other illegal practices include making an idle threat of litigation or pursuing litigation when the debt collector has no intention to, threatening to throw a debtor in jail, threatening to garnish wages or seize bank accounts when they have no authority to, lying about the amount that is owed, or asking for more than what is owed are used as well.

For the collections industry, time is the enemy and a good bill collector is completely aware of this bit of information. Their main task is specifically to get money as soon as possible.If you are talking to a debt collector, keep in mind that at any time you have the legal right to tell them you are busy and will call them back if you are flustered, hang up, cool off, develop a game plan, and contact them later. An aggressive debt collector will ask you why you can’t make payment arrangements today.

Rapid Recovery Solution is a commercial collection agency that writes articles on commercial collection companies. This article, Legal And Illegal Tactics A Debt Collector Will Use To Collect: Debt Collection Basics Part Three has free reprint rights.

When You Owe Too Much Money And Just Can’t Pay

Debt can be an exhausting problem that weighs you down and affects your personal life greatly. But what if you have exhausted all of your resources and still can’t free up enough money to start repaying your debts in a big way? You still have choices. Perhaps it is time to think about the big things in your life- private schools, your house, and your cars. Are these things truly a necessity? Another option you have is to go through your house and your things and see if there is anything of value to sell. You can go after more money at your current job, or by taking on a second one. And there are still other alternatives yet. Credit counseling and bankruptcy are always available, but you are not there yet, so for now, take a deep breath and determine what you can accomplish on your own.

If you are a parent with children attending private school, consider moving them from private to public. For parents, the thought of moving their children from one school to another can be overwhelming. If this is not something that you as a parent are willing to do, you can always see about applying for financial assistance from your current school.

It is also a possibility that your living environment is sabotaging your capacity to make ends meet. Just last decade, we were fearful that if we didn’t buy at the very moment that we would be priced out of the only neighborhood we desired to live in. It’s a hard decision, but it very well may be that selling your home is a solution that you have to consider. While it is a conventional pearl of wisdom that your house is the asset you’ll retire on, and the most valuable asset in your portfolio, unless you can afford to make the payments, it’s also going to be the one that can be your downfall. Trading down – switching a larger house for something more manageable and less expensive can be an option, but you also may need to consider renting for a while. Bear in mind that if you can keep the cost of moving low, renting will save you the cost of homeowner’s insurance. (Renter’s insurance is much cheaper.) Other things you will save on include yard care, and commuting costs if you can find the right location to rent from.

If you can wrap your head around it, there is probably another, less expensive way for you to get back and forth to work each day. Think about it. Could you get by without a car for a while? Not only would it save you the expenses of paying for the car itself, and it’s upkeep (oil changes, repairs etc) but think about all of the money that goes to parking, insurance and gasoline. And if you feel as though you cannot go without a car, what about trading in your expensive car for one that runs just fine but is used?

Many times, simply thinking outside of the box is all that it takes to get yourself out of a situation that you find is difficult. If you take a calm approach to your situation with an open mind, you may find that the solution comes easier to you than you ever thought possible.

Mallory Megan works for Rapid Recovery Solution and writes articles about nationwide collection agencies Grab a totally unique version of this article from the Uber Article Directory

Laws That Can Help During Tax Season

In the present day’s recession the changes seem massive. Just last year a number of tax laws were written to bail us out of dire situations. These are a few new tax laws that you should know about.

The first deals with new car sales and tax deductions. If you purchased a brand new vehicle, including a car, motorcycle, light truck or motor home, on or after February 16th 2009 and by December 31st 2009, any excise or sales tax paid may be seen as a deduction.

In 2010 and 2009 in addition the American Opportunity Credit replaces the Hope Education credit. This new credit is worth $2,500 per student, this is based off the first $4,000 of qualifying educational expenses.

Homeowners that make energy efficient improvements to their existing homes can claim a credit of 30 percent of the cost of all of the upgrades, up to $1,500. This includes things such as adding insulation, energy efficient exterior windows and energy efficient air conditioning and heating systems.

Last year was rough for a number of workers, and layoffs hit record levels. However, unemployment compensation is considered taxable income. But now, the first $2,400 in benefits is excluded from income.

Because of the Bicycle Commuter Act, cyclists will receive reimbursement of workplace transportation costs into a tax favored account and bikers can utilize the cash to put towards purchase of a bicycle, helmet, bike lock, bike parking fees and general bike maintenance.

Finally, if you pay your income tax by credit or debit card, you can deduct the convenience fee that will be charged for the transaction. The card fee, as well as any other IRS approved miscellaneous deductions must exceed 2 percent of your adjusted gross income before they will count. Although this measure limits the value of this break for many, filers with substantial expenses to claim should be sure to add the card fee.

Rapid Recovery Solution is a third party debt collection company. Grab a totally unique version of this article from the Uber Article Directory

Respecting Privacy

It is imperitive that debt collectors respect your privacy. According to the Fair Debt Collection Practice Act, collection agencies cannot exchange information about debtors. They can’t send out a list of people who owe money to its creditor subscribers. They cannot advertise a debt for sale, or compile a list of debtors to its creditor subscribers.

They cannot advertise a debt for the use of sale, or make a list of debtors for sale to others. They are prohibited from leaving messages with third parties asking the debtor to call them. The exterior of envelopes sent by collections agents cannot indicate the purpose of the letter in any way. Postcards are never allowed.

A collector is permitted to send mail in care of another person only if you reside at that address or if you get your mail at that address. If you share your address with others the mail should be labeled “personal” or private. The letter essentially can’t give any appearance alluding to the fact that it is a collections bill.

A debt collector that knows your name and phone number and thus can contact you yourself is not permitted to contact your neighbors or family members. If they cannot locate you and they do call your family members or neighbors, the collector must identify themselves by name but not tell the third party that they are a debt collector.

They can’t tell others you owe money or speak to them about account details. They cannot contact the person more than once, can’t leave information about a the money on another person’s voicemail and they have to disclose the name of the collection agency but only if asked.

If you are being contacted by a collector looking for your former roommate, relative or neighbor, the Fair Debt Collection Practice Act says a debt collector can only contact you to determine the location of the person who owes the money. Only if the collector believes you have new information can they contact you again. If a collector contacts you repeatedly about a third party that can be considered harassment and you can file a complaint.

Mallory McGuinness-Hickey is an employee of Rapid Recovery Solution and writes articles on debt collection and finances.

Collection Agencies 101

If the person in debt agrees to pay, the bill collector will record this commitment and will check up later to make sure that the payment was made. If a debtor does not pay, the collector will draw up a statement about their delinquency for the credit department of whatever company they are working for. In extreme cases, debt collectors may request repossession, hand over the account to a lawyer or disconnect service.

Debt collectors have to be careful to follow the Federal and State laws that apply because people’s financial problems can be sensitive issue. The Federal Trade Commission states that a collections agent must positively identify the person who owes the bill before they are able to tell the debtor that the purpose of the call is to collect debt.

The bill collector will then issue a statement, sometimes known as a “mini-Miranda” that lets the customer know that they are in fact a collector.

Additionally, debt collectors must abide by the state laws that dictate how they must proceed. A lot of companies use electronic systems now to help bill collectors remember all of the laws and regulations regarding each call.

Collectors use computers and an assortment of automated systems in their jobs. Companies will keep track of their accounts by using computers, and collectors are able to keep track of collection attempts in the past and other information in notes on the computer. As with most call centers, collectors use headsets in lieu of regular phones. Automatic dialing allows bill collectors to work efficiently and quickly and with no chance of dialing the wrong number. Typically, in house bill and account collectors work in an office environment, people who work for a third party agency may work in a call center type environment.

The work has the capacity to be stressful; people get confrontational when they are asked about their debts. The best collectors have to face rejection regularly, but still be prepared to make their next call in a positive tone of voice. Luckily for them, a number of debtors appreciate help in resolving their debts.

Mallory Megan works for a debt collection agency. Also she composes stories on business, finance, consumer spending and collection agencies. Get a totally unique version of this article from our article submission service

Protect Yourself Against Debt Collection Scams

The government is stepping up as debt collection scams rise. In recent news, Buffalo New York has been home to a number of unlawful debt collection practices, and authorities have arrested at least twelve people. Although the vast majority of collection agencies are legitimate and good for the economy, there has been a rising amount of deceptive and illegal practices.

In Buffalo, collections agents have been caught calling up people that owe money and posing as law enforcement. They have threatened to send people that owe money into jail, or even take child custody away from them. But it doesn’t stop there.

A civil case recently imposed a $675,000 penalty, the most ever fined for a debt collection company, for deceptive and illegal practices. This includes lying to consumers and badgering them, disclosing their debt to third parties, and cashing in on post dated checks early. These tactics were accompanied by deceptive claims from agents saying they were lawyers or other figures of authority.

In addition to refusing to reveal the address or phone number of the “company” these agents even went as far as to call individuals who did not owe any money at all and attempted to collect from them. Despite claims that it was individual workers acting fraudulently, the Federal Trade Commission went after the business owners and won a case that imposed the biggest penalty ever for debt collection agencies.

To skirt around the issue of being a victim to fraudulent debt collection agencies, it is crucial that you know your rights. A debt collection company is never permitted to seize a debtor’s assets, bank accounts, or paychecks. They are unable get a debtor fired from their occupation, and cann’t make any kind of public disclosures concerning the debt, and they can definitely never threaten or engage in violent acts.

For more information, refer to the Fair Debt Collection Practices Act, which outlines the rules and regulations of debt collection.

Mallory Megan is employed by a collections agency that works with a debt collection lawyer. Also, she does stories on business, finance, consumer spending and collections agencies. Get a totally unique version of this article from our article submission service