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.

How Do I Collect My Money?

The small claims court cannot collect your money for you, but the clerk or small claims adviser can tell you about some ways to do this yourself. Some just hire a debt collection agency.

For example, you may be able to have the defendant’s wages “garnished.” This means that the person’s employer gives you part of the defendant’s wages each pay day until the debt is paid. To collect your money this way, you must find out where the person works-, be sure to get the name of the company and its full address, including the county. Then, ask the small claims court clerk for a Writ of Execution and fill it out. When the court issues this writ, the sheriff or marshal will deliver it to the debtor’s employer.

If you know where the defendant banks, the small claims clerk can issue a Writ of Execution that the sheriff or marshal takes to the bank. You need to know the name of the bank, the full branch address and the county. The bank will pay you what is owed, if there is enough money in the account.

A Writ of Execution also can be used to “attach” or take certain kinds of personal property, such as stocks, bonds and the contents of a safe deposit box. After this property is collected, it can be sold in order to pay the money that you are owed.

Not all personal property can be taken. The defendant can file a Claim of Exemption to protect the ” necessities of life,” possibly including a house, car, clothes and some wages.

The cost of a Writ of Execution – as well as the amount that the sheriff or marshal charges to deliver the writ – can be added to the amount that the defendant owes you. You also are entitled to interest during the time it takes to collect.

If you do not have the information you need to collect your money, you can make the defendant come to court and answer your questions about wages, the employer’s location, bank account, personal property and real estate. Contact the small claims adviser for information about how to schedule this hearing.

Remember: The judgment is good for 10 years, and you can renew it if you still have not collected the amount you are owed. But, in many cases, the longer you wait, the harder it is to collect the money.

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Debt Collection – How Much Time Do Collection Agencies Have To Collect?

Many people are made painfully aware that they owe a debt that is being pursued by a collections agency, yet few know exactly how long creditors can go after that debt. Debt Collectors are guided by what is called the Statute of Limitations.

What this means is that after a certain length of time agencies can no longer collect from debtors. Factors include the amount of time, which can vary from state to state, the type of debt, and if there is a signed contract or not.

For example, the state of New Hampshire has the time alloted to collect a debt is 3 years. If it was a foreign judgement, the Statute of Limitations is as high as 20 years; on a domestic one it is also 20 years. For goods the Statute of Limitations is four years but with a written, legitimate and signed contract is is three years.

Debtors who do not believe that they owe the money, could fight the creditors claim by actually witholding information such as invoices or balances due and request proof demonstrating the validity of the debt.At this point, collection agencies should present backup documentation to support their claim.

To find out about the length of the Statute of Limitations, consult a legal advisor in your own state. While there are many collections agencies out there that use unreputable practices, there is also a number of legitimate agencies who are willing to help out. Agencies such as Rapid Recovery Solution are always willing to help out. For more information, consult rapidrecoverysolution.com. In this trying time of economic hardship don’t be bullied by illegal tactics by illegitimate collection agencies. There are laws out there to protect debtors and everyone should know their rights.

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

The Skinny On How To Obtain Financial Information Of Your Debtors

Being able to locate a debtor’s bank account information could be very useful in your attempts to collect debt. By law, it is required that a private investigator to do the work. Be wary when you hire someone to locate bank account numbers as there are a number of scam companies claiming that they can help, and take your money with no activity in return.

Below are legal ways to obtain a debtor’s bank account number.

First, if your debtor works at a retail store buy something from the debtor and pay by check. This is a good way to find out account information by looking at your own bank statement; the bank account information will allow you to determine the debtors account number.

Interacting with a previous landlord of the debtor can be quite helpful. Ask his formal landlord. You can subpoena the old land lord for a copy of the rental application to see where the defendant banked. Because old habits die hard, it is likely that the debtor still uses the same bank account.

It may be wise to consider serving a Business Record Subpoena on the debtor’s employer so that you can acquire a copy of a payroll check the debtor has cashed in. The check should have the defendant’s account number and possibly the name of the bank on the bank.

In addition, there are a few “colorful” ways to acquire information about a debtor’s bank account. Conduct a trash search. This is an simple way to obtain bank information and a way to get to know more than you ever wanted about this debtor.

One very elaborate scheme to get the information on your debtor’s bank account is what I like to call “the fake block party.” Mail post cards to everyone who lives on your debtor’s block, and put up signs directing traffic towards his house. The debtor may get block party fever and open his garage. Scope out his items and take inventory. He may even start to sell things. At this point, buy something and give them a check.

So there you go. All of this is legal, but my advice would be to look through trash and stage a block party last, because that seems kind of crazy.

Mallory Megan is employed by a debt collection company. She also writes articles on business, finance, consumer spending and collection agencies. This and other unique content ‘long island collection agency services’ articles are available with free reprint rights.

Bleak News As Bankruptcy Increases While Employment Rate Plummets

Layoffs and pay cuts pushed more people into bankruptcy last year, and analysts say that the situation will most likely not improve until the unemployment issue improves. In Wisconsin, bankruptcy filings raised to 30 percent in 2009. This came on top of a 35 percent increase in the preceding year.

Bankruptcy Lawyers attest that it is not only is it layoffs and firings that are reasons to file. It’s the losses of once-regular over time pay and full time status that have left consumers unable to keep up with monthly payments that in the past were not a problem to pay.

U.S. Bankruptcy Court records show that there were 27,413 bankruptcy petitions filed in Wisconsin in the past year. More than 80% were Chapter 7 cases. Chapter 7 cases annihilate medical bills, credit card balances, and other types of debt. Recent Research by The Associated Press showed that more than 1.4 million bankruptcies were filed in 2009, an increase of about 32% from 2008.

And although bankruptcy takes away the looming debt and offers consumers a fresh financial start, consumers often remain unemployed and are unable to find employment to get an acceptable income again.

Even more depressing, unless the economy improves enough for industries to start hiring again, there is not much reason to think that bankruptcies will go down in 2010. Researchers have noted that home foreclosures will continue to pile up in 2010 because people who previously had adequate credit have lost employment and cannot keep up with payments.

Bankruptcy could seem like a good option to get a fresh start, but it has a negative effect on your credit report for ten years, leaving you unable to get a car, place of residence, or employment. Before declaring bankruptcy, it might be a wise decision to speak with your creditors and see if some sort of repayment plan can be worked out.

Mallory Megan is employed by a debt collection agency. Also she composes stories on business and finance, consumer spending and collection agencies. Visit the Uber Article Directory to get a totally unique version of this article for reprint.