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The right debt collection agency can act as your own personal accounts receivable department tasked with tracing down delinquent accounts, contacting debtors, negotiating payments, filing for judgments, and collecting payments. However, there are certain lines that a reputable collection agency should not cross.
The whole process can start with something as simple as falling behind on a few credit cards, and the next thing you know, you can’t make ends meet, and the collections calls start coming. Legal notices soon follow, along with a court judgment taking a big chunk of your paycheck.
In fact, it is considered reasonable for debt collectors to attempt to reach a consumer by phone one time each week, unless the consumer has provided the collectionagent with a specific written request that they stop trying to contact them by phone. Garnish Your Wages (If They Obtain a Judgment).
In most cases, some qualifications and credentials will be required to distinguish that you are working with a reputable collectionagent. This allows commercial collectionagents more flexibility in collecting on your behalf, but it is always a fine line between pushing too hard and not pushing hard enough.
In collections, we often have to weigh risk and reward and make similar calculations. When trying to decide what the riskier or safer course of action is, we consider not only the amount of money owed, but also the specific debtor company and management, the business sector and the economy in general.
Collection agencies also have the option to report debts. Reports of being sent to collections or having outstanding judgments are big red flags for creditors and have a significant negative impact on credit ratings. Be proactive to keep the debt being sent to a collection agency which has an even bigger negative impact.
For foreign creditors, collecting debts in the United States can be daunting. Moreover, the legal system in America can favor the debtors in certain situations. This is because of perceived harassment by creditors and debt recovery firms during the collection process. Debt Recovery in the United States.
The attorney gets to decide, in consultation with the client, and based on the attorney’s professional judgment, what to review and how long to review it before sending a demand letter. Instead, the letters had been mailed by collection agencies that had used an attorney’s letterhead in a misleading fashion. In Clomon v. Frederick J.
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