Tuesday, June 5, 2007

Questionable Bill Collection Techniques

Hi,
The majority of bill collectors that contact consumers and/or businesses are honest, hardworking reasonable people who want to resolve debts in a fair and equitable manner. Unfortunately, there is a small percentage of collectors that use questionable tactics to coerce people into paying their bills. Some of these tactics are as follows:
1) They throw the word "judgment" around, as though it is an action that is going to happen within a few days or weeks. In reality, from the time a bill collector calls, to the time approval is given by a client to proceed with a lawsuit, and the lawsuit is served on the debtor leading to a judgment rendered, on the average 45-60 days have elapsed. In most instances, when the collector indicates that judgment will be quickly rendered, the agency probably has no legal department at all, and likely does not have the ability to sue the debtor.
2) The statute of limitations on judgments varies from state to state ranging from as little as six years to as high as twenty one years. If a collector calls about an account on which judgment has already been rendered, make sure to get the date of the judgment and check to see if the statute of limitations in your state has expired. This information is available on the Internet.
3) If a collector calls, a reasonable offer to settle the debt in full is made by the debtor, and the offer is rejected due to a payment date that does not meet the collector's criteria, but rather the collector indicates that the file will be turned over to attorneys to proceed with a lawsuit prior to that date, simply contact the original creditor directly and tell the creditor your repayment proposal. It is not unusual for a creditor to become the mediator in a collection agency/client relationship.
If you get a call from a collection agency, the matter is serious and needs to be immediately addressed. If you feel as if the collection agency is not treating you fairly, contact the office of your State Attorney General for an appropriate referral.
Until the next time,
Alan

3 comments:

All Things said...
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All Things said...

When I was younger, I racked up a bit of debt while collecting credit cards like candy at college. My parents never really sat me down and talked about handling money and staying out of the debt trap.

Eventually, I decided that my financial situation was ridiculous and I wanted to be debt free, so I begin contacting the creditors/collection agencies. Most were accommodating and willing to work with me. And I learned exactly what you mentioned here by trial and error - if the collection agency would not work with me, then many times contacting the original creditor help tremendously.

There is a LOT of great information here. Thanks for providing a great resource.

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