Welcome back to debt collection 101, your beginners guide to debt collection. In article two of this series, I spoke about what a collection agent will do after they have found their debtor and told them about their debt. Oftentimes debt collectors can make it easier for debtors to pay back their delinquent accounts, can be friendly and offer advice, but also have the authority to mark your credit score negatively, and hand your account over to an attorney if you refuse to pay.
In article one, I spoke about the two different kinds of collection agents, in house collectors, and third party collectors. In house collectors are debt collectors that work directly for the creditor, and these creditors are usually financially based organizations like mortgage or credit card companies. Third party debt collectors make up the majority of debt collectors and work directly for a third party collection agency that is hired by a creditor to collect on their delinquent accounts.
Because in house collectors directly represent the creditors, they are not bound by many of the rules and regulations of the Fair Debt Collection Practices Act (FDCPA). On the other hand, third party collection agents are, and there are a number of rules and provisions that they are restricted by.
In addition to the Federal regulations third party debt collectors must follow, they must also be careful to abide by the state procedures that apply as well. Debt collecting is closely monitored because of the fact that people’s financial issues have the ability to be a sensitive issue. According to the Federal Trade Commission, a collection agent has to positively verify that they are speaking with the debtor themselves, and not anyone else before they can proceed with the phone call.
After they have positively identified the debtor, the debt collector will issue a statement, known as a “mini-Miranda” which informs the consumer that this phone call is an attempt to collect debt, and any information in the conversation can be used to do so. The numbers of rules and regulations for a collector who is calling cross country can be overwhelming. A number of companies use electronic systems now to help debt collectors keep track of all of the rules regarding each call. To be continued in parts 4, 5, and 6.
Mallory Megan works for Rapid Recovery Solution and writes articles about new york collection agencies. This article, Debt Collection For Beginners: Rules And Regulations is available for free reprint.
