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Debt Collection Basics: What Is A Collections Account? Part One

By Mallory Megan on Saturday, August 7th, 2010 | No Comments

The definition of a collection account is an account with late payments that have been forwarded to a bill collection company, generally when the debt has fallen ninety to one hundred and twenty days late. Creditors will either attempt to collect their debts themselves, or more often send unpaid accounts to third party collection agencies to remove them from their accounts receivables. Then they will write off the debt in full that is owed as a loss.

From doing this, the creditors benefit in two ways: first, they are capable of writing the debt off as a loss on their taxes, and second, the money that does get collected can be recorded as a profit. Time is the enemy in the debt collection industry, and when an account gets to be a particular age, it may be sold from the original creditor to a third party collection agency for a fraction of the original amount.

The third party agency becomes the creditor after this, the original creditor benefits from the purchase, and any money that the third party collection agency collects after the original purchase goes straight to them.

After receiving mail correspondence from a debt collection agency, it is always a good idea to verify that the company that is contacting you has the legal right to collect the debt on your delinquent account. By law you have five days after the agency contacts you to request verification of the debt, and you must do this in writing. Get the fax number of the debt collection agency for this purpose.

Bear in mind that a debt collection agency may hold on to a collection account for only a couple of months, and if they can\’t collect the debt that is owed, the account may be forwarded to another debt collection agency. This process continues until the account is paid, or the statute of limitations (typically seven years but depends by state) on the debt runs out.

Rapid Recovery Solution is a commercial collection agency that composes pieces about commercial debt collections. Also published at Debt Collection Basics: What Is A Collections Account? Part One.

Report Charges Debt Buyers With Violating State Law

By Mallory Megan on Saturday, June 5th, 2010 | No Comments

According to a study by activists for low income communities, buyers of uncollected debt won one point one billion dollars in court judgments in the past few years. The report, compiled by four nonprofit organizations alleges that on a consistent basis, buyers of uncollected debt violate state law by filing bogus lawsuits against low income New Yorkers, many times without presenting any proof of their claims or serving individuals properly. Typically, the debt buyers will obtain automatic default judgments in their favor because the people that are being sued aren’t aware of the cases and thus do not appear in court for their hearings.”It is clear that the worst players heavily benefit from illegal and abusive debt collection practices,” stated the lawyer in charge of the civil practice at the Legal Aid society, one of the four non profits.

The report examined the top twenty six debt buyers in New York City’s Civil Court from January 2006 through July 2008 and found that they filed some 457,322 lawsuits and were awarded around one point one billion dollars in judgments and settlements. While sorting through a sample comprised of 365 of the lawsuits, the report discovered that the debt buyers won almost ninety five percent of the cases, generally by obtaining automatic judgments because the person who was taken to court did not show up. Out of all of the lawsuits that were studied, just ten percent of those that were sued answered the complaint.

More than half of the people who were subjected to default judgments lived in mainly black or Latino neighborhoods, and nearly all lived in moderate to low income neighborhoods. Out of the twelve zip codes with the highest amount of lawsuits, one in four families lived below the federal poverty level.

Not a single person that the report examined was represented by counsel. Out of all of the cases, only one percent of people sued by debt buyers in New York City are represented legally, and once the judgments are entered, these people will be subject to garnishment of wages and other types of judgment enforcement, like frozen bank accounts.

In a fascinating twist, in nearly two thirds of the law suits, the debt buyers were represented by one of five local law firms, and the report charges these firms with filing suits without sufficient proof and using process servers that neglect to properly serve people, among other dishonest practices. The report calls upon Albany to pass legislation that would stop debt buyers from filing suit without sufficient evidence. The Assembly passed the bill last year, but surprise surprise. It died in the Senate.

Rapid Recovery Solution is a medical collection agency. Don’t reprint this exact article. Instead, reprint a free unique content version of this same article.

In A Time When Americans Are Going Without Health Insurance The Medical Debt Relief Act Is A Godsend

By Mallory Megan on Thursday, April 22nd, 2010 | No Comments

From 1999 to 2009, premium costs for family insurance have risen by one hundred and thirty one percent. Easily, that’s over three times the rate at which working wages rose during this time. In this time of economic hardship, millions of jobs have been lost, putting workers who just lost their jobs at risk of also living without health insurance. For those who remain employed, employers are pushing more of the costs of health insurance onto their workers as they struggle with economic uncertainty. Then there are blue collar and retail workers, waitresses and the like who are paid less, work harder and are not offered health insurance plans at their jobs. No wonder that Americans are struggling to pay their medical bills.

In 2007, about seventy two million Americans wrestled with their medical bills. A large portion of these people made paying off their medical bills their top priority, while they had to struggle to pay for basic necessities like heat, rent, or food. More than THIRTY MILLION American adults utilized ALL of their savings or BORROWED AGAINST THEIR HOMES in order to pay off medical bills. Unfortunately, in this time of economic hardship, many Americans could not stop the bill collector from knocking on their door.

Thirty million Americans are contacted every year by collection agencies for delinquent medical bills; many struggle to pay these. Many people are unclear as to why their insurance refused to pay a claim, others are confused about the amount they owe. Over half of people who took the survey reported that they were puzzled by the medical jargon on their bills, and one in four reported confusion led them to allow bills to go past the due date or to be sent to a collection agency.

A delinquent medical bill that gets sent to collections will typically be reported to credit bureaus. This will result in a lower credit score. Medical accounts, even those that have been paid off in full will stay on a credit report for up to seven years. This will result in lower credit scores and increases the costs of mortgages, car loans, or credit card interest.

Luckily, Ohio Congresswoman Kilroy saw the ramifications of medical bills that remain outstanding. She decided to take action because she saw medical debt as unique. She introduced The Medical Debt Relief Act, which says that medical debt that is fully paid off or settled must be removed from a consumer’s credit report within thirty days.

Even though this will not repair our chaotic healthcare system, it will offer relief for those who have paid off their medical debt, while the rest of us wait for more efficient health care reform.

Mallory Megan works for a debt collection agency. She also composes articles on business, finance, the credit industry and collection agencies. You can get a unique content version of this article from the Uber Article Directory.

On The Phone With A Debt Collector

By Mallory Megan on Friday, March 26th, 2010 | No Comments

If you owe money to a creditor debt collection agencies can report your debt to credit bureaus, file suits against you, and should be taken very seriously. The best way to protect yourself and your finances is a methodical approach. First, know why you are being contacted. Know what the debt is from and exactly how much it costs.

Request the name of the the creditor,the person calling and the agency’s address and fax number. You have the authority to tell a collector over the phone that you want all future contact to be in writing. Follow up all requests with a written request.

Keep in mind if you tell the collector not to contact you at all it is entitled to call you once more to let you know how it plans to proceed. Another request that can be made is that you are the only person that should be contacted. It might be a good idea to keep a file including dates and details of phone conversations and when you send or receive letters.

If you do decide to send any written correspondence to the collections company do this by Certified Mail, Return Receipt Requested. Using this service will guarantee that the letter reached the collector, giving you a signed receipt as evidence. If you work out a re-payment plan over the phone, ask for the terms of the plan in writing. Any promise to remove or adjust credit history should without a doubt be documented.

Make sure that you pay the right party; payments should be made out to the collections agency, not the creditor, unless you have been otherwise instructed to do so. Carefully look over the amount you are being asked to pay. Get to know how much interest, fees or charges that have been added.

If you feel like your bill collector is being abusive or hostile, make sure that you mention it to the agency and always keep this complaint on file. The last thing to remember is do not ignore a collector. Even if you feel that the debt is not yours; they will continue to call and it may mean more trouble and time in the long run.

Mallory Megan is employed by a debt collection company. Also she writes articles on business and finance, consumer spending and collection agencies. Don’t reprint this exact article. Instead, reprint a free unique content version of this same article.

What Is A Collection Company Allowed to Do?

By Mallory Megan on Thursday, March 25th, 2010 | No Comments

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 is why the persistent ones can be so aggressive and hostile. But the key point is that, despite that you may owe money to a creditor, you always have the right to be treated like a professional. Even though 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.

Debt collectors especially are banned from threatening you with jail time,it has become a common tactic used by unethical agencies to intimidate immigrant communities. Finance experts such as Michael J Koopmans agree it is 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. Still, that doesn’t stop them from calling you two, three, even four times a day. With some companies, 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 halt on collections phone calls, it is possible to send a letter by certified mail return receipt requested requesting that they no longer contact you over the phone.

Mallory Megan works for a debt collection agency. She also writes articles on business and finance, consumer spending and collection agencies. This and other unique content ‘central collection agency’ articles are available with free reprint rights.

Bankruptcy: Everything You Need To Know

By Mallory Megan on Tuesday, March 9th, 2010 | No Comments

Bankruptcy is generally seen as a quick fix solution to financial problems. Yet the effects of bankruptcy are long term and can hinder your ability to get employment, house, and any type of credit. It is important to weigh the pros and the cons of bankruptcy before making a major choice.

Admittedly, bankruptcy comes with a number of benefits. First and foremost it annihilates most of your debt. It can aid you with missed debt payments, defaults, repossessions and lawsuits. If you have horrible credit, it can get you started on rehabilitation.

Bankruptcy will stop the phone calls from creditors, collections letters, repossessions, declined charge authorizations, cancelled credit cards, and lawsuits. You can also keep your vehicle if you keep up on the payment; additionally, bankruptcy will permit you to hold on to your house if you remain current on the payments.

Bankruptcy will let you exit foreclosure and pay monthly payments on past amounts. Finally, it puts an end to creditors making a claim after it is filed, even if your financial situation changes for better or worse.

Conversely, bankruptcy law can offer a “fresh start” but only every six years in most cases. Bankruptcy will stay on your credit report for ten years and hurts your credit rating severly. Additionally, filing bankruptcy may require a wait of two years before it is possible to buy a home. Some lenders allow for home loans after one year however.

Bankruptcy does not wipe out most tax debt. It does not clear away student loan debt. It requires that you give up your credit cards. It might cause you to lose some of your things, and unfortunately bankruptcy carries a stigma that can be embarrassing.

If you are not positive whether you should file for bankruptcy or not, get in touch with your creditors to see what type of repayment plan they can come up for you. While bankruptcy is an option, in most cases it should be seen as a last resort.

Mallory McGuinness is employed by a collections agency that works with a debt collection lawyer. She also composes articles on business, finance, consumer spending and collections agencies. Visit the Uber Article Directory to get a totally unique version of this article for reprint.

Bankruptcy: What is Automatic Stay And How Does It Protect You From Creditors

By Mallory Megan on Tuesday, March 9th, 2010 | No Comments

U.S. Bankruptcy Code imposes something called an automatic stay the moment that a petition for bankruptcy is filed. The automatic stay will typically 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.

After a petition is filed, the court will grant the motion or provide security to the creditor, which ensures 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 are intended to limit the risk of the legal system prompting the downfall of a financially unstable debtor who hasn’t yet declared bankruptcy. The bankruptcy system will generally reward creditors who continue extending financing to debtors and will discourage creditors from ramping up their debt collection efforts.

Despite the seemingly simple nature of these rules, a couple of exceptions exist in the context of each category of avoidance action.

Mallory Megan is employed by a debt collection agency. She also does articles on business and finance, consumer spending, and collection agencies. Get a totally unique version of this article from our article submission service

Debt Collectors Or Debtors: Who Is Suing Who Now?

By Mallory Megan on Monday, February 8th, 2010 | No Comments

It is true that Americans with overdue debts will typically be subject to a number of retributions. Collection letters, phone calls, unfavorable credit scores and a chance to wind up in court are examples of punishments for non-compliance.

However, a new trend that is growing is debtors suing debt collectors first. Any violation of the Fair Debt Collection Practices Act can be valid reason alone to take a collector to court. It might be true that in a declining economy suing a debt collection agency instead of paying off what you owe may be your only choice. There were 8,347 consumer lawsuits filed against collection companies in 2009. That\’s a 55 percent increase over 2009 and double that number filed in 2007.

A few debtors are plaintiffs suing for their first time; the people who suddenly find themselves unable to pay debts and feel that they have been wronged by aggressive collectors. Others compulsively sue, typically these people have debts worth tens or hundreds or thousands of dollars. It is their hope that favorable judgments may put them on a \”collections blacklist.\” If he has sued 4 out of 5 debt collectors, debt collection agencies are probably going to want nothing to do with this strange character who puts time and effort into lawsuits when he could be looking for a sense of structure, and a job.

One example of a lawsuit in action was from a woman who complains that the collection agency never offered her proof it was entitled to collect. Seriously? Most debt collection companies adhere closely to FDCPA laws, but even that law is not clear on certain practices such as whether it\’s legal or not to leave a voice mail. Basically, the FDCPA hit the scene in the 1970s and needs desperately to be updated to today\’s technology.

You might not want to know my opinion, but here it is. I was contacted by a debt collector who left a message on a third party phone, asking for me and letting me know she intended to collect a debt. This is a big no-no. I could have called her and given her hell, but I know why I have the debt and even though I may be broke, I intend to pay it back. To me, it seems like the economy is not getting better any time soon as the number of people who refuse to hold themselves accountable for financial decisions they made in the past grows. I hate to say it, but a debt is a debt, whether we are in a recession or not.

Mallory McGuinness works for a debt collection agency. Also, she does articles on business and finance, the credit industry and debt collection You can get a unique content version of this article from the Uber Article Directory.

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