Monday, August 15, 2011

Collection practices of the Agency

The following information is useful for creditors who are collecting money themselves, or seek help from a collection agency. You can use these collection agency practices guidelines in the assessment of your home collection procedures. For more detailed information See Good Practice Fair Debt Collection

How can a collection agency to contact a debtor?

ADebt> debt collection agency may contact a debtor in person, by mail, telephone, telegram or fax.

Collection agency can not contact the debtor:

> Before 08:00 or after 9 pm;

> In places uncomfortable or unreasonable;

> For a job if you know the employer prohibits such contacts;

> If you know a lawyer to represent the debtor, the attorney should contact their place.

A debtor can stop a collectionSince contact with your agency?

A debtor can stop a collection agency contacted them in writing a letter to the collection agency telling them to cease all communication with and directly to the creditor.

Once the collection agency receives the letter, unable to contact the debtor again except to say that no more contacts. Another exception is that the agency may notify the debtor if the debt collector orthe creditor intends to take some specific action. Leave contact does not preclude a lawsuit.

Collection agency may contact any other person of a debt?

A collector may contact someone other than the debtor only to discover or verify the location of the debtor. The collector must:

> Identify itself, but must identify your employer if expressly requested to do so;

> Not disclose the indebtedness of consumers than any otherother than the debtor or his / her attorney;

> Do not use a card or otherwise reveal the activity of debt collection.

The collection agency may contact any person other than the debtor in a case at once.

Debt Validation

Within five days after contact with the debtor to pay a debt collection agency must send a written notice that includes:

> The name of the creditor and the amount of the debt;

>That debt must be considered valid unless disputed within 30 days, if disputed, the collector of the check and send a copy of the check or a decision against the consumer. During a period in which the debt is being verified, the collector can not obtain payment in the dark.

Debt Collection Practices that are prohibited

Harassment debt collectors may not harass ..., oppress, or abuse any person may not:

>Use threats of violence or harm against the person, property or reputation;

> Post the list of consumers who refuse to pay their debts, except to a credit bureau or advertising of the debt;

> Use obscene or profane language;

> Repeatedly use the telephone to annoy someone;

> People without identification of the phone.

Misrepresentation ... Debt collectors may not use false statements when collecting a debt, butcan not:

> The use of false, misleading about their identity, such as falsely implying that they are attorneys or government representatives;

> Falsely imply that the debtor has committed an offense or a state that will be arrested if a debtor can not repay the debt;

> Misrepresent the amount of outstanding debt;

> Misrepresent the involvement of a lawyer to collect a debt;
> Indicates that the documents are sent to adebtor are legal forms when they are not, or indicate that papers being sent to a debtor that is not legal when they are;

> State will seize, garnish, attach, or sell the debtor's property or wages unless the creditor, or intend to do so and it is legal to do so;

> Give false credit information about a debtor to none.

Debt collectors ... unfair practices not engage in unfair practices such as:

> Pick any numbermore than one debt, unless allowed by law;

> Make a debtor accept collect calls or pay for telegrams;

> Depositing a post-dated check prematurely

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