Posts Tagged ‘collection attorney’

What Is A Collection Company Allowed to Do?

Thursday, March 25th, 2010

When does a collections agent over the phone cross over the line into harassment? Collection agencies are restricted from utilizing obscene language or threats of violence. However, they are allowed to insult your integrity and make you feel bad about the person you are.

Anecdotal stories that have surfaced are about collectors saying that a debt can’t be negotiated, settled or paid off more slowly. Bill collectors have been known to rudely demand when a debtor is going to pay, and then reject a debtors offer as not enough. This is not true or acceptable, as a consumer you always have the ability to negotiate.

Debt collectors work on commission which may be why the persistent ones can be so hostile and aggressive. But the point is that even though you may owe money to a creditor, you always have the right to be treated like a professional. While collectors are prohibited from calling third parties such as co-workers, friends and family to spread the word that you are in debt, collection agencies are allowed to contact people who may know where you are if they are trying to find you.

Bill collectors are expressly banned from threatening you with jail time, however it has become a common tactic to use this threat to intimidate immigrant communities, because there is less of a chance that these people will know or understand the law.

A bill collector cannot call you repeatedly, which technically means that they can’t continuously call you over and over. Despite this fact, that does not stop them from calling you two, three, even four times a day. With some companies, bill collectors are given a small number of accounts to work with purposely so that they can badger a consumer in debt into paying for their commission. To put a stop on collections phone calls, you are able to send a letter by certified mail return receipt requested requesting that they no longer contact you by phone.

Mallory Megan is employed by a debt collection agency. She also composes stories on business, finance, consumer spending and collection agencies.

Bankruptcy: Automatic Stay And How It Protects You From Creditors

Tuesday, March 9th, 2010

The moment that a petition for bankruptcy is filed, U.S. Bankruptcy Code imposes something called an automatic stay. The automatic stay will generally prevent the enforcement, commencement, or appeal of actions and judgments against a debtor from the creditors they owe money to who are trying to collect these debts incurred prior to the bankruptcy petition. The automatic stay also protects property of the bankruptcy estate itself from collection actions and proceedings.

Any action that a creditor might take that violates the automatic stay will be voided out. Any violation of the stay might cause the violating party to have damages assessed to them. But, like every complicated law, there are exceptions. A creditor might be allowed to take their collateral if they obtain permission from the court first. They will get this by filing a motion for relief from the automatic stay.

The court will either grant the motion or provide security to the creditor, ensuring that the value of their collateral won’t decrease during the stay. Without the protection of the automatic stay creditors could hypothetically race to the courthouse in order to improve their positions against a debtor. If this happened, and let’s say that a debtor’s business was facing just a temporary crunch, it might not survive a “run” by creditors when their business could otherwise be salvaged. A run may also result in waste and it might be unfair to similar creditors that are owed money too.

There are three kinds of avoidance actions, and all of these try to cut down on the risk of the legal system encouraging the downfall of a debtor who is financially unstable and who hasn’t declared bankruptcy yet. The bankruptcy system will usually reward creditors who continue extending financing to debtors and will discourage creditors from ramping up their debt collection efforts.

Despite the fact that these rules are seemingly simplistic, a number of exceptions exist for each type of avoidance action.

Mallory Megan is employed by a debt collection agency. She also writes stories on business and finance, consumer spending, and collection agencies.