Here are the essentials of collection agency law to consider before
referring a debt to collections. If you’ve been having a dispute with a customer
about a debt, or aren’t quite sure how to explain collection agency laws to a
customer, you should make sure you really understand your customer's rights
regarding collection agency law before referring the debt to a collection
agency.
Collection Agency Law Essential:
Collection calls shouldn't turn into harassment. When a client owes a
debt, a call from the creditor is definitely not unusual. However, when calls
get to be more than one a day, or customers are being contacted at work, the
calls could turn into harassment, and violate collection agency law. In order to
avoid dispute letters and possible court cases, be sure to be courteous and not
overbearing. Make sure that any collection agency you go with takes the same
attitude.
Each State May Have Different Collection Laws
The best way to find out just what the collection agency laws are in your
state is to obtain a copy of debt collection regulations from the state website.
As of now, collection agencies are not required to have specific state licenses.
But you’ll still want to double check to make sure that the collection agency
you have hired is following the rules in your state. There are a number of
websites you can check out, where you can click on your state to find out
specific collection law facts, such as what interest rates are for the debt once
it is in collections.
Dealing With Debts That Are Not Debts
It seems to be happening more and more each day: people winding up in
collections for debts they don't owe. Whether it's high-tech identity theft,
old-fashioned fraud, or just clerical errors, be sure to take any disputed debt
seriously. If a customer has proven that he or she doesn't owe a debt,
collection agencies are bound to remove the mistake from their credit by law, so
be sure to make the proper arrangements with credit agencies to have this taken
care of. Also make sure that the collection agency you are going with will
aggressively investigate disputed debts for the possibility of identity theft,
fraud, or clerical errors.
In the end, you need to make sure you have at least a basic understanding of
collection agency law–or else your debtor might be mailing you a lawsuit instead
of a check.
Please note this website site not intended to give
legal advice and may not be complete or up to date with the most current
collection laws changes.