Terry Xiao Blog
Finance and Business
Navigating Through Consumer Debt Collection – A Guide For Debtors
It begins with the mail. Then more aggressive mail. Then come calls on the telephone and worst of all, threats about credit reports or even a potential lawsuit.
Creditors will hire collection agencies to retrieve debt. Often these third-party companies will work for commission. Because of this, collectors are more likely to go after the money more vigorously. It is important to know your rights.
Collection agencies do have the right to report your debt to credit bureaus. Paying off the debt will not result in it being removed from your credit reports, it will be marked off as “paid.” They also can request a debtors credit report to analyze the person’s financial situation, or to get an updated address and phone number. And, although collection agencies do not like to send many accounts back, sometimes they will refer their account back to the creditor and recommend filing a law suit.
There are rules and regulations by which collection agencies must abide. Letters should come in ambiguous envelops that do not reveal that any type of debt is owed. In terms of phone calls, a collector may not disclose the reason for the call. For example, if a collector reaches an answering machine, they cannot divulge why they are calling, all they can do is leave their name and a number where they can be reached.
Although collection agencies are permitted to contact a debtor’s place of employment, they absolutely cannot get a debtor fired from their job. They are not able to make any kind of information concerning the debt public, although they can communicate openly with credit bureaus. Despite the fact that many people believe that a collection agency could legally seize a debtor’s bank account, paycheck and assets, the company cannot unless their has been a successful law suit ordering them to do so. Under no circumstances can a collection agency threaten a debtor with violence.
Even though some collections companies attempt to practice illegal strategies to get money, there are also a large number of reputable ones. With financial issues like debt, it is always crucial that you know your rights.
Mallory McGuinness-Hickey works for debt collection agency and does free lance writing on the side.
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