Consumer Debt Collection – Know Your Rights
One day a collections letter appears. Then another, more aggressive collections letter appears. All of this followed by phone calls, some warning you about bad credit reports and potential legal action.
Collection agencies are often hired by creditors to retrive debt. Because many of these companies work for commission, the collectors are more likely to go after the money owed with gusto. Although this may all seem intimidating, it is important for you to know your rights.
Collection agencies can actually report your debt to credit bureaus. Unfortunately settling the debt will not result in it being removed from your credit reports, it will only be checked off as “paid.” They also can ask for a debtors credit report to size up the person’s financial situation, or to get an updated phone number and address. And, although collection agencies do not like to send many accounts back, sometimes they will refer their account back to the creditor in order to recommend filing a law suit.
There are codes and procedures by which collection agencies must abide. Letters should appear in ambiguous envelops that do not reveal the intent of the letter. With phone calls, a collector can’t disclose the reason for the call. One example would be if a collector reaches an answering machine. they cannot explain why they are calling, all they can do is leave their name and a number where they can be contacted.
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.
Although some collections agencies may attempt to practice illegal tactics to get money, there are also a large number of reputable ones. With financial issues like debt, it is always important to know your rights.
Mallory McGuinness-Hickey works for debt collection agency Rapid Recovery Solution and does free lance writing on the side.