Bad debts are a huge problem. Bad debt collection is an even bigger problem. When a debtor has stopped making payment months or years ago, the debt is considered a bad debt. This debt can be written off and declared as a loss. The problem is that banks, lending companies, and smaller creditors need to survive. If they keep on declaring bad debts as losses, they will keep losing money. For smaller businesses, it means valuable money that could have been used for operational expenses. More importantly, if bad debt collection doesn’t happen, debtors will assume that their creditors will just let them off the hook.

So, how can a company achieve successful bad debt collection? The key is in the correspondence with the debtor. First of all, make sure that your debt collectors follow the provisions of the Fair Debt Collection Practices Act. Although you’re desperate to get your money back, you’re not allowed to use threats and insults to intimidate the debtor. You want to get paid, not get sued.

Secondly, use all possible venues for communication. You can call, email, fax, or make a personal visit. Make sure that you find a way to communicate with the debtor. Let the debtor know that you are serious about collecting that bad debt. Bad debt collection is about informing debtors that they are responsible for their debts. The best thing you can do to communicate with your debtors is to send collection letters. In these letters, you should indicate the details of the debt – the amount, the transaction information and the original creditor. Provide all the necessary information and attach any other document that the debtor needs to verify the nature of the debt.

Why letters? The debtor may just dodge your calls, but he cannot escape the collection letter. At the same time, the debtor may be aggressive and defensive when you call. He will keep interrupting you, and you will not be able to give the information he needs to know. In addition, collection letters are valuable documents that can be used as evidence in the event that the matter goes to court.

Thirdly, give a deadline. Be strict and confident. Bad debt collection is about letting the debtor know that you want the debt settled as soon as possible. Don’t ask when it is convenient for him. Say that you want the debt settled by tomorrow. If he says he can’t pay by tomorrow, then you can negotiate. In the end, don’t fall for his excuses. You should try to set a definite deadline.

Also, you need to be respectful. If the debtor finds that you are nasty, you’re just giving him more reasons to ignore you. If you want him to pay, you have to establish a formal but cooperative relationship.

Lastly, if you have tried all of the above and you still cannot succeed in bad debt collection, contact a collection agency to help you.

Successful Bad Debt Collection is a post from: Debt and Refinance Guide

If you have debts to pay for your credit cards, student loans, mortgages or car payments, you should be diligent about making the required payments. If you repeatedly miss payments, your account may be turned over to an agency for the collection of debt.

Once your creditor has grown tired of pursuing you for payments, the collection agency will assume all the responsibilities related to the collection of debt. The collection agency will contact you to inform you that it will handle your account. Within five days from the time of contact, the collection agency will send you details regarding the collection of debt. The agency will mail or fax a written document with information about the amount of money you owe, the company you owe it to and the actions it will take if you do not make payment.

The process of collection of debt may start with a phone call, an email, a fax message or regular mail. Sometimes, the collection agency may even visit you at your home. However, keep in mind that collection agencies are not allowed to contact you before 8:00 am or after 9:00 pm. This ensures that communication happens at a time that is convenient for the debtor. Also, the collection agency is not allowed to call you incessantly or flood your mailbox with numerous emails. Such a behavior may be considered harassment.

In the course of the collection of debt, there are practices that should be avoided by the representatives of the collection agency. These include:

1) Use of threat of force, violence or harm.
2) Use of obscene and profane language.
3) Use of racial slurs, and other insults
4) False representation – the collector cannot lead the debtor to think that he has legal powers or that his actions are mandated by the government
5) Solicitation of extra fees and charges

Moreover, the collection of debt is a process that should work for both the collector and the debtor. While the debt collector has the right to pursue you for payment, you also have the right to dispute his claim. If you have reason to believe that the debt is not yours or that the amount indicated is incorrect, you may write a letter to the collection agency. This letter should be filed within 30 days of the time of contact between you and the collection agency. Also, if you want the collector to stop calling you, you can send a letter requesting that all communication be done via regular mail.

In the process of the collection of debt, you are allowed to contact the debt collector and request for changes in your payment plan. You may ask him to reduce the amount or to allow you to make more installments over a longer period of time. This gives the collector the guarantee that you will pay since the newly-negotiated rates are more affordable to you.

What Happens during the Collection of Debt? is a post from: Debt and Refinance Guide

One of the biggest problems that debt collectors face is locating their debtors. When a debtor moves to another house in another state, the collection agency often has no clue how to locate him. So, how do collection agencies track runaway debtors? The solution is easy – they hire skip tracers.

Skip tracers are people whose sole mission is to locate debtors who moved without giving their new contact details to the collection agencies. Sometimes, skip tracers are employed to help legal collectors find the addresses of assets that are to be repossessed.

You may wonder how skip tracers locate people. The process is actually rather straightforward. The easiest way is to use the debtors’ social security numbers. They run the social security numbers through various credit bureaus. What they get are header files from the debtors’ credit files or credit reports. A header file only has basic information like the name, address and in some cases, the place of employment. As little as this information may be, it’s all that the skip tracers need to help debt collectors find their debtors.

If the skip tracer cannot find the debtor through the social security number, he can do a national identifier search. Simply put, this is an old school system that uses the debtor’s last known residence as well as his name to find his new location.

The skip tracer may look through these sources:

Phone book
Online directories and search engines – The debtor may have accounts in various websites, like myspace, livejournal or facebook. If not, there may be people on the internet who may have written entries about him or posted his pictures.

The Department of Motor Vehicles
If the debtor drives or has a license, it is likely that the DMV has recent information about his whereabouts.

Employers
If you know the debtor’s last place of employment, the skip tracer can approach his boss and inquire about his current employment status. Even if the debtor has moved to a different job, the employer may still have information that can help the skip tracer locate him.

Associations and other groups
If the debtor has a specialized occupation, like Engineering or Medicine, he must have membership in certain organizations. The skip tracer will try to search through these groups to find the debtor.

Former contacts
The skip tracer may visit old neighbors, friends and relatives to get some information about the debtor’s current location.

When trying to get information about a certain debtor, a skip tracer faces a lot of potential legal troubles. In order to prevent these, the skip tracer should not falsely represent himself as a member of law enforcement or a detective. Also, the skip tracer may experience legal troubles if he tries to get the cell phone numbers of the debtors.

Dealing with Skip Tracers and Debt Collection is a post from: Debt and Refinance Guide

Americans abused their credit cards so much that the country’s credit card debt is now worth over $915 billion. For credit card companies, the question remains – how do they pursue millions of people to collect billions of dollars worth of overdue payments?

So, the problem doesn’t stop at the debt. In reality, credit card debt collection probably brings the biggest headache, both for the debtor and the credit card company. In order to ease the burden off the credit card company, delinquent credit card accounts are sold to debt collection agencies. These agencies pay the credit card companies a certain amount of money and then they get full control over the debts. Why do credit card companies do this? Actually, millions of credit card accounts are difficult to handle. Since the credit card companies lack the resources to keep pursuing all the delinquent accounts, they’d much rather get paid for delinquent accounts than get nothing at all. This way, they will get some money, and the responsibility of pursuing payments will be taken off their backs.

While credit card companies treat debt collection as pure business, the customers may feel otherwise. For many, credit card debt collection is a process that is filled with stress and anxiety. So, how do you deal with this business of credit card debt collection?

The key is to learn how to deal with debt collectors.

When the debt collector makes the first contact, you should respond immediately. Ignoring the calls may cause you more trouble. Now, it is understandable that this situation may put emotional strain on you. However, don’t take it out on the debt collector. In the first place, the initial contact is only to inform you that the debt collector will now manage your debt. He’s only trying to provide the details of the debt collection process, so be calm and keep track of the information that is being given.

Next, verify the identity of the debt collector. Ask for the name and contact number of the debt collection agency. Ask for the account number of this debt. Also, remember to ask about the credit card company that employed the service of the debt collector. This ensures that the credit card debt collection is legitimate. It will also allow you to double check the information with the proper authorities.

Credit card debt collection gives you an opportunity to renegotiate your debts. Tell the debt collector that you do intend to pay. Inquire about alternative payment plans that you can afford. Credit card debt collection is a way for you to make a new agreement with the debt collector. Maximize this opportunity.

Once you and your debt collector have reached an agreement, make sure you meet the payment deadlines. With enough patience and diligence, credit card debt collection will slowly help you eliminate your debt.

Going Through Credit Card Debt Collection is a post from: Debt and Refinance Guide

The words ‘debt collection’ bring a lot of panic and anxiety to individuals who are in debt. It may be your student loans, your mortgage on your house or your car payments. No matter what the debt may be, debt collection is something that every debtor has to face. After all, your creditors and lenders need to get their money back.

So when you answer your door bell and you come face to face with the representative of a debt collection agency, don’t panic. Remember that debt collection is an activity that is regulated by the law. The law ensures that debt collection is just an act to pursue you to make payments; it will not impede on your rights. The Fair Debt Collection Practices Act of 1977 details the rights that you have when it comes to debt collection.

First of all, you may be wondering why a representative of a debt collection agency is at your door. If you owe a certain amount of debt to a company, you usually pay the debt according to the contract that you signed. However, if you miss payments or you refuse to stick to the payment plan, the company may turn the debt over to a collection agency. This can also happen if you continually ignore notices from your lender. To put it simply, debt collection happens when your creditor or lender feels that pursuing you for payments is already taking up too much of their resources.

Of course, the debt collector cannot simply pop up on your doorstep, demanding that you pay your debt. Typically, debt collection starts when a collector contacts you and notifies you of the status of your debt. The initial contact can happen through a lot of ways. It can be done through a letter, a fax, an email, or a typical phone call. In some cases, the debt collection process can start with a home visit from the collector. However, do not panic. The first visit is usually for the purpose of gathering information only. The debt collector simply wants you to know that he will be handling your payments.

Debt collection is a very transparent process. You will be given all the information you need. For instance, within five days of initial contact, the collector will send you a written document that will provide the necessary details regarding your debt. It will include the name of the creditor or the business from which you borrowed the money. Also included is the specific amount that you have yet to pay.

However, it is important to note that debt collection activities are not always 100% accurate. Sometimes, businesses fail to update your payment records and they may assume that you have missed some payments. If you believe that you have sufficiently settled your debt, you can just write a letter to the collector to explain yourself. You must show proof that you have settled the account, and until the collector can dispute your claim, all debt collection activities will stop.

Understanding Debt Collection is a post from: Debt and Refinance Guide

Don’t panic. A debt collection agency will not contact you if you miss a month or two of payments. A debt collection agency is a creditor’s last resort. This type of agency only enters the picture when your creditor has given up trying to collect payments from you.

So, what will drive a debt collection agency to your doorstep? Here are a few of the common causes:

Failure to respond to notices – If you’ve been dodging calls or ignoring letters from your creditors, the creditor may turn over the debt to a debt collection agency. After all, pursuing you for months will waste a lot of the company’s resources.

Overdue accounts – If you have failed to make your monthly payments for more than six to twelve months, debt collection agencies will be employed to collect the payments. For every single month that you miss payments, the company loses a lot of money. For smaller companies, this means losing valuable cash that could have been used to finance company expenses.

Inability to meet minimum payments – You may be making payments every month, but if you continually fail to give the full amount, you’re still in trouble. A debt collection agency may be called upon if your creditor feels that the amount you’re paying isn’t enough to settle the debt.

When a creditor is desperate, he will call a collection agency. Now, the creditor can sell the debt to the agency or he can offer the agency a percentage of the collected debt. Either way, the debt collection agency will be made responsible for contacting you and ensuring that you make the necessary payments.

So, how does a debt collection agency find you? Typically, creditors don’t give a lot of your personal information to the collection agency. The debt collection agency knows your name, address and account number. Also, it knows the amount of debt you owe. So, a debt collection agency will use phone books, city records and even Net Detective to locate you. It can’t track you through other people because it can never inform other people about your debt, so the best bet is to check the public records. After the agency locates you, it will contact you and inform you of your outstanding debt. The agency will also send you documents that contain information regarding your debt.

The debt collection agency aims to re-establish the payment plans. It simply wants you to start paying again. This means that the agency wants you to make monthly or weekly payments. The good thing about this process is that debt collection agencies are extremely driven. They will work with you and help you find a payment scheme that you can afford.

Is a Debt Collection Agency Coming After You? is a post from: Debt and Refinance Guide

Under the Fair Debt Collection Practices Act (FDCPA), you are protected from the abusive actions of a debt collector. No matter how much the creditor wants his money back, he needs to follow the guidelines of this debt collection law. This law has special implications for you, your workplace and even your medical care.

The Debt Collection Law and Your Workplace

The debt collection law, specifically the FDCPA, specifies that a debt collector may contact your office only to inquire about your location, your home address as well as your contact information. This form of contact can only be done if the debt collector has no other means of locating your current residence.

Meanwhile, the debt collection law also gives the debt collector the right to send papers and documentation to your boss. These documents are files on your debt that are somehow related to your job and your salary. A common example is a court order that asks for details about your salary.

However, the debt collector is not allowed to volunteer any information regarding your debt. The debt collector may only share this information if your boss asks for it, or if he is asking your boss to answer certain paperwork that is related to your debt. While the debt collector may not share the details of your debt, your employer may have other ways of obtaining such information. Usually, records of your debt may appear on your credit rating. Since your employer is allowed to view this information, he may learn about your debt.

The Debt Collection Law and your Health Care

Unpaid medical bills are a huge concern for creditors and their collection agencies. If you fail to settle your medical bills, your healthcare provider may turn over your account to a collection agency. However, the debt collection law and the law concerning medical bills indicate that you must first agree to such a transaction before a collection agency takes over your account. If for some reason you dispute the debt, you may raise your concerns at this point.

Even though a debt collection agency is taking care of your account, your healthcare provider will still protect your privacy. To this extent, the healthcare provider will only release information on your name, address, account number, social security number and your date of birth.

The Debt Collection Law and Identity Theft

The debt collection law also has provisions for identity theft. If a collection agency contacts you regarding a debt that you have no previous knowledge of, you may be a victim of identity theft. The first thing you should do is ask for documents regarding your debt. Ask for transaction records, letters of agreement, and receipts. If you have verified that the debt is really not yours, ask the debt collector for a fraud affidavit form. Once the form is processed, the debt collector will stop contacting you and the identity thief will be pursued.

The Debt Collection Law: What You Need to Know? is a post from: Debt and Refinance Guide

With millions of Americans in debt, debt collection has become a booming industry. In 2004 alone, the debt collection industry made over $16.5 billion in profit. With so much money on the line, debt collection agencies are under a lot of pressure. In some cases, this pressure has resulted in abusive and aggressive behavior that many debtors find intimidating.

So, in order to protect debtors, the United States had to formulate debt collection laws that will help keep debt collectors in check. The primary debt collection law is the Fair Debt Collection Practices Act (FDCPA) of 1977. In a nutshell, the FDCPA specifies ways in which debt collectors must conduct themselves.

As the most prominent of all the debt collection laws, the FDCPA has measures that prohibit debt collectors from engaging in certain activities. Some of these include the following:

Violations of your privacy – Debt collectors can only talk to other people for the purpose of finding your current location. They are not allowed to disclose any information regarding the terms of the debt collection process. In the first place, they are not allowed to tell anyone that you have an outstanding debt.

Unfair calls or visits – According to debt collection laws, especially the FDCPA, debt collectors are not allowed to appear at your doorstep whenever they want to. They are only allowed to call or visit between the hours of 8:00 am and 9:00 pm. Debt collectors are also prohibited from appearing at your workplace, especially if you have previously informed them that you are against such visits.

False Representation – The debt collector cannot intimidate you with false authority. He cannot say that he is a lawyer if he isn’t. He cannot inform you that he has the power to personally repossess your things. He also cannot present documents that make it seem like his actions are directed by the government.

However, the FDCPA is not the only law that is related to debt collection. Individual states usually have their own debt collection laws that are imposed to provide protection for their own citizens. In California, for example, the debt collection laws require the debtor to keep written records of communications and transactions with the debt collector. On the other hand, Pennsylvania has a Fair Credit Extension Uniformity Act that helps protect debtors from the deceptive behaviors of debt collectors. This act supports the FDCPA and it states that debt collectors CANNOT falsely imply that your inability to pay your debt is a crime. The debt collection laws of Pennsylvania also detail that debt collectors are not allowed to issue false threats of legal action.

Other states also have their own debt collection laws. These debt collection laws have one thing in common – they help protect debtors from being abused by eager debt collectors. The debt collection laws make sure that the growth of the debt collection agency is coupled with the values of good service and integrity.

Learn About Debt Collection Laws is a post from: Debt and Refinance Guide

If you have missed payments for any of your debts, there is a chance that you will have debt collection letters piling up on your desk. These letters will remind you of all the money you owe to certain people or certain companies. However, before you shove those debt collection letters into your desk drawer, try looking at them. Once you start acknowledging these letters, you’ll have less anxiety over your unpaid bills.

Get all your debt collection letters out. Try organizing them. Sort the letters according to the companies that sent them. After that, sort them according to the dates they were sent. Organizing the debt collection letters will help you track the status of your account.

If you’re getting confused, here’s a quick guide to help you understand the different types of debt collection letters you will receive.

Initial Collection Letter – This letter is the first letter you will receive. It simply notifies you that you have missed a payment. It contains information about the amount you owe as well as the due date. It may also include information about penalties for late payments.

Follow-up Collection Letters – These letters may form the bulk of your pile of debt collection letters. They carry no threats. They simply tell you things like the amount you owe, how long the payment has been overdue, and how you can settle the account immediately. These letters also state that the creditor is still willing to conduct business with you, and he still values you as a good customer. Since these letters are to notify you about your outstanding debt, your creditor will send a lot of them to you.

Final Demand Collection Letter – This letter is the last letter you will receive. If you do not respond to this letter, expect a debt collector to contact you. Out of all the debt collection letters, this one is the most serious and imposing. It usually gives a deadline for you to make payment of the amount due. This letter also informs the debtor that if he does not make any response, the account will be turned over to a collection agency.

Debt collection letters help the debtor understand one thing – the creditor wants his money back. So, before you get into further trouble, grab the debt collection letters and contact your creditor immediately. However, try to initiate communication through writing. This ensures that you will have actual documents to use as evidence in case there is any disagreement between you and your credit in the future.

Once you have responded to a debt collection letter, just wait for offers from the creditor. Usually, debt collection letters are a sign that the creditor is frustrated. He is eager to get his money back. In order to make sure that you keep paying, the creditor will negotiate with you. He may lower the fees, give you more time or reduce the interests on your debt. For the creditor, it is better to receive a smaller amount than nothing at all.

Dealing with Debt Collection Letters is a post from: Debt and Refinance Guide

It may be true that you do owe money to the debt collector who is standing at your door. However, that doesn’t change the fact that you are still a client and you deserve to be treated fairly. You have the Fair Debt Collection Practices Act to protect you. This act will help you fight back when your debt collector displays actions that can be considered bad debt collection practices.

By understand the Debt Collection Practices, you will know what your debt collector can and cannot do.

Dos of Debt Collection

The debt collector must employ Debt Collection Practices that respect the rights of the debtor. This means that he should willingly provide the debtor with documents that will verify the nature of his debt. The debt collector must also initiate communication with the debtor. While communicating with the debtor, the collector must be courteous and cooperative.

Here are some of the other Debt Collection Practices that the collector should do:

1) Within five days of the initial contact, the debt collector should send a written document that lists all the details regarding the debt. These include information about the original creditor, the date the debt was incurred, the total amount owed, and the deadline for payment. Also, all the documents should be attached for the debtor’s reference.

2) The debt collector should let you know the steps you need to follow if you want to dispute the debt.

3) The debt collector should honor your requests. If you submit a letter to inform the collector that you no longer want him to call you, he should comply.

4) The debt collector should keep your debt as a private matter.

The Don’ts of Debt Collection

There are some Debt Collection Practices that are designed to intimidate the debtor. These Debt Collection Practices should be avoided. Debt collectors should remain respectful to the debtor. Acts of harassment and abuse are punishable by law.

Here are some of the Debt Collection Practices that are sanctioned by law:

1) Debt collectors are not allowed to contact you at inconvenient places or hours. This means no calls or visits before 8:00 am and after 9:00 pm. This also means that if it is inconvenient for you to talk to the collector when you’re at work, he should stop making calls and visits to your workplace.

2) Debt collectors are not allowed to issue false threats. Unless he fully intends to carry out legal action, the collector cannot say he will sue you. If he says he will sue you, ask for a document from the agency that shows its intention of pursuing legal action. Also, the debt collector cannot scare you with threats of jail or repossession.

3) Any debt collection practice that involves insulting or discriminating the debtor is completely unacceptable.

4) The debt collector cannot physically hurt you if you refuse to pay.

Debt Collection Practices: The Dos and Don’ts is a post from: Debt and Refinance Guide