Tuesday, November 17, 2009

Avoid FDCPA violations

There has been much talk lately of collectors and have been avoided by borrowers on ways to "structure" means a collector for a violation of FDCPA in order to pay a debt. It is my opinion that a collector is not set up for a violation if they follow the FDCPA. The only way a debtor to complain about a violation of FDCPA, if you are not familiar with the laws and what you can or not. If you are not familiar with the FDCPA, you have no claim to oneDebtor and try to collect in the first place. A debtor may not "set up" for any violation, please contact the training does not even follow the laws. If the debtor knows the law better than you do, you have to hang up and learn the laws before you try to collect.

Education is a huge factor in the debt and credit industry, there is so much to know, and you must be educated to be prepared or ready for any situation. If you do not feelconfident that you have a ready answer for everything that a debtor can tell you, when you can have a collection call, you have to do more to educate, until you feel confident. This is to protect not only for himself and the debtor but the company you work for.

There is no indication that you are from a debtor established, if a debtor is to ask you questions about the debt will mean that the debtor knows that his or her rights under the FDCPA and if you violate the rights, youcontact or meet up to your company.

For example, some things you can try a defendant and to say you throw away from protection are:

"It is forbidden to call me at work, you have not heard of the FDCPA?
"This was a medical bill so that it will not be reported to the credit bureaus."
"Will you sue me?"
"Are you a lawyer?"
"What will happen if I do not pay it?"
"I have no idea what this law."
"I will only pay the full amount if you do a signature onan invoice. "
"This is my husband, Bill," and he does not work, so I guess you do not pay. "
"That's my wife's account and this is not a community property state, so I'm not paying."

As a collector, you know that this tactic could use a debtor's house to try to get out of paying a debt that they are legally owed. They also know how to respond to each of these statements, if you are familiar with the FDCPA and if you do experience some collection calls and / or withDebtor. In some cases, if a debtor will be an opportunity or reason, they will take the opportunity to sue you, and try not to their legal obligation to make payment. Some borrowers just flat out refuse to pay their debts and no matter what the consequences are. If you are the laws in your state and the FDCPA, you know, will be in a position to respond to these statements and continued to try to collect. The debtor says hope these things, it will be enough for you to go and allow them to get outPayment of a bill they are legally owed.

You can do this through knowledge of the FDCPA inside and out and is prepared for anything, a debtor does not say to you. If you know who are FDCPA and the debtor to answer you in a position to sue over the law and, therefore, the debtor does not give anything for you. I have many borrowers who think they know run the FDCPA and will try to have things that do not go for any injury, which sometimes results in no payment in court. This isonly a long and expensive stall tactic. Allow to be misled by someone who does not have the slightest idea or anything of the law.

Some collectors will no longer try to collect on an account, if the debtor a FDCPA violation, even though it cited no basis. You have the feeling that this is not worth the time and effort to continue to try to collect from that debtor. Some agencies will move the account to a lawyer or paralegal, if a debtor has asserted a violation begins. It is your responsibility to be preparedand well-trained not to the debtors.

All collectors must be constantly updated about the laws and training available to them. There is a lot more training places available than now, when I started my agency. Collectors should organizations and network with other collectors to attend conferences, read journals and books, and join if you are not sure about something, ask someone.

The most common and most frequent complaints to the FTC against collectors presented to the May issuewere of Collections & Credit Risk in 2006:

• The demand for a larger payment than legally allowed, 40.3% with 42.7 in 2005 compared
• harassment of a debtor, 21.2% of all 2006 complaints.
• threats of serious consequences for failure to pay, 8.4% to 9.6% in 2005 compared
• Calling a place of employment, 5.85%, down from 6.3% in 2005
• Unveiling of the debt to a third party, 4.3% from 4.5% in 2005
• Failure of the required time limit of a debt, sending 3.9%, as against 4.7%2005
• Otherwise, for review of disputed claims, 2.5%, unchanged from 2005

The FTC received 69,204 complaints last year that were the FDCPA, 3.8% more than in the context of the 66,672 received in 2005, according to the annual Commission report to Congress on the legislation. There were 58,587 complaints in 2004 and 34,543 in 2003, according to ACA International.

Take it to educate your target agencies, your collectors and lower that figure for the year 2007. If we all work together we can helpeducate debtors, creditors and collectors, while reducing the number of complaints and injuries in this industry. There are so many other tools available now to educate yourself or your collectors that there should be no reason why we are not able to reduce this number. I was a bill collector for 18 years and one of my favorite parts of the order made collection calls. The more you call the better it is to be made from it. Advice to borrowers what they want or not, your legalAbility is second nature, you are ready for an apology. If you grab the phone to make a collection call, you know that you are calling because you have to be paid. You know what you need to do to get paid, then the debtor will give you a reason why the claim has not been paid or why they do not pay.

REMEMBER, when you get paid, so no matter what the debtor says, you have a plan, have to get some money. As long as you stay focused, cool, calm and collected, you canto achieve this and hang up feeling like you've achieved your goal. Please note that your best debt-collection tool to follow, so even if you have a promise of payment on the phone - you need to follow up or you will not be paid, and demand that the debtor again.

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