There are a few possibilities.

Some creditors will attempt to fool a debtor by using a separate company name, address, and phone number for their internal collection departments, in order to give the impression of an “outside” agency. This strategy is should only be used when the debt is recent (under six months past due.)

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However, the most successful collection activity is performed by an outside third-party collection company. Separate from the original creditors or 1st party they are able to work debts on behalf of all lenders. They, from time to time also buy bad account which have been designated as charge-offs by the original creditor.

This information focuses on 3rd party collection companies.

How do they earn money?

Third-party collection companies often work on commission, where they receive a percentage of the amount that they collect. Individual collectors are often paid a low base wage plus commissions based on their personal performance.

Some agencies may purchase big portfolios of charged-off debts for a fraction of the face amount (total amount outstanding) After an account is sold, the debtor now owes the entire amount to the purchaser. Considering the chances of collecting decrease substantially over time, an agency might only pay 1% – 5% of face value. The agencies’ profits come from the difference between the purchase price and the amounts that are eventually collected.

How does the collection company work?

The primary tools of a collection company are letters and telephone calls.

What are the letters like?

The dunning letters are usually computer-generated. They are often in a standardized series which starts with a simple, “reminder” tone, and may buildup to a final demand. The letters are pre-written and sent to many debtors; they are not personal.

The initial demand letter must state that the recipient has the right to dispute the validity of the debt (in writing), and the agency must send some confirmation after verifying it with the original creditor. Demand letters must also contain the statement that they come from a debt collector, and that any information gathered will be used for the purpose of collecting the debt. Collectors are not legally allowed to print anything on the outside of the envelope which indicates or suggests the nature of the communication. The return address must also be discreet, so many companies will just use their company’s initials, or some other nondescript name.

The debtor’s reaction to the letters will affect which letters the agency will select from its repertoire. Cooperation (e.g. making payment arrangements and/or partial payments) may result in letters with a gentler tone. Evasive or hostile reactions from the debtor may result in a more threatening tone.

Collectors try to create a sense of urgency, in order to collect within the shortest amount of time, and to encourage the debtor to prioritize that particular obligation. Deadlines may be set, such as, Pay this amount within ten days. There may also be threats, such as, …Or we will proceed to further collection action. But most of the time, if a debtor fails to meet the deadline, all that will happen is that yet another form letter will arrive, making the same basic demand. The & further collection action usually just means more form letters.

Collection letters will always encourage the debtor to call the collection company on the phone. If the debtor doesn’t call, then a collector will often call the debtor.

What are the telephone calls like?

Individual phone collectors may be assigned a portfolio of accounts, and spend the bulk of the workday, every day, working them. The collectors devotion is fueled by frequent performance evaluations and personal commission payments. The size of a collector’s own paycheck is dependent upon how much money s/he extracts from debtors. Between that factor, and the relentless confrontations, this is a very high-stress job, with high employee turnover.

If a collector calls and reaches someone other than the debtor (e.g. a roommate), s/he is legally prohibited from disclosing the reason for the call. Depending on the state, this may or may not include the debtor’s spouse. If the collector reaches an answering machine or voice mail, s/he will often leave a message, but is prohibited from explaining the reason for the call, since someone besides the debtor might hear it. The standard message goes something like, “I am calling for John Smith. It is very important that you call me back. My name is Joe Schmo, and my number is 1-631-776-8109.” S/he will typically sound rather bored and stilted, with other voices chattering in the background. Collection companies might be required to provide a phone number which is free for the debtor to call. They also may attach their (800) numbers to equipment which instantly identifies and logs the phone number which a debtor is calling from, in order to call the debtor at that number later.

When speaking with a debtor, many collectors (especially those without much experience) will use a script, which contains a pre-written introduction, request for payment, and has various branches to follow, depending on how the debtor responds. If a particular debtor is taking up too much time, without making arrangements to pay, the collector will be inclined to move on to other accounts.

Any information that the debtor gives about his/her financial situation (e.g. income or job status, etc.) will be noted on the account record and used to estimate the chances of a recovery, the appropriateness of legal action, and so forth.

But what can the collection company actually do?

If they are working the debt 100% commission, they can send some more demand letters and make some more scripted phone calls.

They can also mark the item as negative with the credit bureaus. If they are working on contingency, they can recommend filing suit, or if they own the account, they can file suit. However, the actual chances or intentions of this are often significantly less than they try to suggest to the debtor.

Collection companies can not legally seize a debtor’s assets, bank accounts, or garnish wages unless there has already been a successful lawsuit with a judgment awarded in there favor.

Collection companies can not legally make any kind of public announcements or disclosures concerning the debt, except to the credit bureaus.

Collection companies can not legally get a debtor fired from his/her job.

Collection companies can not legally act in any type of physical violence or threats.

Why would a debtor pay?

Often, the reasons include anxiety, guilty conscience, persuasion, and a lack of education of the legal situation. Plus it is the right thing to do.

The debtor may feel guilty and ashamed of being a “deadbeat,” and may perceive a judgment of his/her value as a person.

The debtor may have greatly exaggerated ideas about what collectors are (legally) capable of doing, and may have outdated stereotypes in mind.

The debtor may be overwhelmed by the aggressive and relentless demands, from companies that may seem so powerful. S/he may take it personally, and assume that great individual attention is being given to this particular collection file.

In most cases, customers being contacted by collection companies are in some type of serious financial situation, in emotional disarray about the general situation, so they may be confused and susceptible.

Many debtors aren’t aware of their legal rights, and feel powerless.

There are two basic things that a collection company can actually do that a debtor should be concerned about. These involve negative info being reported to the credit bureaus, and the unlikely possibility of a lawsuit.

What about credit reports?

3rd party collection companies have the ability to report a debt to one or more of the credit bureaus, as a “Collection Account,” including the amount, and whether it was paid or Refused to pay. Paying off a collection account will not result in the item being removed from the consumer’s credit reports – it will simply be marked “Paid in full.” Collection companies can report debts that they have purchased as well as debts that they are working on contingency.

Also, a collection company could request a debtor’s credit information, in order to get an idea of his/her general financial situation, and to get an updated address and phone number.

How long do collection accounts last?

Collection accounts are subject to the normal 7 year time limit for appearing on a credit report. As specified in Section 605 of the Fair Credit Reporting Act, this time limit is based on the date of the original delinquency.

What is the probability that the collection company will file suit?

If the debt was placed on contingency, the 3rd party collection company cannot file a lawsuit. If the balance is large enough and the debtor is being resistant and if there are indications that the debtor has vulnerable assets, the agency may send the account back to the creditor with a recommendation to file suit. Every creditor has its own criteria for the final decision; for example, the amount must be substantial (often $1500 or more, at the very least.)

Collection companies tend to avoid sending too many accounts back, since it suggests that they aren’t very good at collecting. Also, letters and phone calls are much less expensive than going to court.

If an agency has bought a debt, then they have the ability to sue, but by that time, the debt is likely to be rather old, and the agency doesn’t have much invested in it.

Collectors tend to focus on fear and intimidation, since those things can work much more quickly, cheaply, and efficiently than legal action.

Suit is certainly brought against plenty of debtors, but not nearly as often as debtors fear. There is a big difference between, “Pay up or we will continue with collection action,” compared to an actual Summons And Complaint.

If the debt is substantial and recent, and the debtor appears to be a good target (e.g. reasonable assets or income), a lawsuit is a real possibility. If you are served with legal documents specifying a particular court, hearing date, etc., you should see a qualified attorney immediately. That area is beyond the scope of this FAQ.

Who regulates collection companies?

The most important law is the Fair Debt Collection Practices Act (FDCPA), which places many restrictions on collection activities. The FDCPA only covers 3rd party collection companies, not original creditors.

Every state has applicable laws regarding such things as telephone harassment.

Who enforces the FDCPA?

The Federal Trade Commission oversees the collections industry, and has the authority to impose fines or other penalties for violations. However, the FTC does not get involved with individual consumers’ cases. They accept a large number of complaints, and look for patterns of violations which could then lead to action against a particular collection company.

What if a collection company has purchased the debt?

The agency then becomes the creditor for most purposes. The debtor will not be able to make any settlements with the original creditor. The agency might be technically able to file a lawsuit against the debtor, (although this is not likely.)

However, the Federal Trade Commission has issued a Staff Opinion Letter which indicates that, even if a collection company has purchased a debt, it is still covered under the Fair Debt Collection Practices Act as a “third-party debt collector.”

What about the relevant time limits?

The debt does not become some kind of “new” debt just because of being sold. For example, the seven-year credit reporting time limit is still based on the original delinquency date with the original creditor. The statute of limitations for filing lawsuits is also based on that same date. These limits can not be legitimately “reset” by a collection company that has bought the debt.

However, the statute of limitations may possibly be reset if the debtor makes a specific promise to pay, or a partial payment.

Can the collection company do anything after the time limit expires?

Yes. The statute of limitations only covers the filing of lawsuits, and the credit reporting time limit only covers bureau listings. There is no time limit on letters and phone calls.

A collection company that has purchased a bundle of “out-of-statute” debts (where the SOL has already expired, or “run”) is hoping that, either the debtors will feel guilty, or that they won’t be aware of that “out-of-statute” status. But if a particular debtor makes it clear that s/he understands the legal situation, then the collectors are likely to give up and move on to easier targets.

Can collectors call the debtor’s place of employment?

Yes, but there are limitations. For example, they can not legally tell your employer about the debt, or try to have you fired.

Is there any way to make them stop calling?

Yes. According to section 805 of the Fair Debt Collection Practices Act:

“(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except –

(1) to advise the consumer that the debt collector’s further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.”

So the consumer can just send a 3rd party collection company a written notice (preferably citing the FDCPA), ordering them to stop the collection letters and calls, and the company is legally obligated to comply. The only permissible contact thereafter is to notify the debtor of specific “remedies,” like legal action, but usually the collectors won’t even bother.

If the creditor hasn’t decided on whether or not to file a lawsuit, then that decision may be made at this point, rather than being delayed.

After a “cease and desist” notice from the consumer, the debt may then be returned to the original creditor, passed on to another third-party agency, or simply filed away, depending on the circumstances. The agency may still report the account to the credit bureaus.

Rapid Recovery Solution is a commercial debt collection company. Get a totally unique version of this article from our article submission service

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To cut out aggravation and time, and to promote long term growth, it is important that you hire the right people, preferably picking the right person the first time. In the collections industry, hiring the wrong person for the job eats up management time to train and it leads to an unhappy new hire who could hurt the credibility of the manager and company every time it happens. Legal fees, severance pay, and lost productivity are also all examples of the negative effects of a bad hire.

Interview styles run the gamut. Behavioral questions are founded on the idea that past actions may predict behavior in the future. This sort of style uses questions such as “give me an example of”, or “what are your worst and best personality traits”, and inquiries about how one handles stress.

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But maybe the most important principle that any employer should know about interview styles is to get the candidate to be extremely specific. Typically, many interviews involved asking about a candidate’s job history, but a person who is skilled at selling you their experience may not be best suited to do the specific job you have in mind.

It is more effective to cover less ground very thoroughly than to have a superficial sense of where the candidate has been. Don’t accept their first description as complete – you should ask for more details.

Try to find people who are passionate about what they do. By looking underneath the surface, you can determine if there is authentic depth behind what the candidate initially claims. Looking beyond qualifications will give you details that can give you insight into the way the candidate approaches the job, and what their work habits are like.

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

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Collecting the debt independently: If the debt is new or small, you’ll in all likelihood start by trying to collect the debt yourself before hiring a collection agency or a lawyer. The most practical way to start the process of collecting an overdue debt is by calling the debtor. Many nonpaying customers can talk a great talk on the phone, but then never deliver. If the business is local, attempt to make an appointment with their finance manager to talk face to face.

Another useful way to motivate consumers to make a payment is by using a 10 day demand letter. Some collection agencies offer a free 10 day demand letter service that includes postage and mailing of a demand letter sent on official collection agency letterhead. Many times, this is enough to get your customer to part with their payment.

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Hire a Collection Agency: Many small businesses don’t initially think of hiring a collection agency to collect overdue debt, but of the outsourced solutions, a collection agency is usually the most cost effective and gets the best results. With a collection agency, you don’t pay until they collect the debt, meaning that the collection agency is highly driven to find a way to get the customer to pay. Because they don’t get paid unless you do, a collection agency tends to work fast and much more efficient when working on a contingency basis.

Today’s current collection agencies don’t use scare tactics or bully customers. Besides, not all clientle who are behind on payments are deadbeats. When you choose a collection agency, make sure one of its goals is to maintain extreme professionalism and one that fallows the FDCPA diligently.

Taking the legal avenue: Another choice to collecting a debt is to take legal action whether by taking the debtor to small claims court or by hiring a lawyer to pursue the debtor.

Mallory Megan works for a collections agency that works with a debt collection lawyer. She also does stories on business, finance, consumer spending and collections agencies.

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The rule changes come on the recommendation of the Small Claims Working Group, a panel of legal experts that was created in 2006 to examine and improve current small claims practices. In a press release revealing the changes, the Supreme Judicial Court noted that While the rules apply to all small claims matters, there will be a major impact on debt collection cases. The changes address many of the problems recognized by the Working Group in collection cases, and four in particular: increased validness of service, inadequately detailed claims, increased close examination of default judgments, and notice to the court when a judgment is paid.

Adam Olshan, an attorney with Law Offices, Howard Lee Schiff, P.C. in Worcester, Mass., concurs that some collection law firms will be affected. This will effect the high-volume collection law firms.

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But Olshan, who was on the Working Group representing credit card issuers, noted that most collection law firms ” including his own ” do not exercise the use of claims courts. If the plaintiff fails to verify the address, the court may not enter a default judgment if the defendant later fails to appear for trial.

The changes also add raised scrutiny to default judgments that are entered. New small claims laws require plaintiffs to notify the court in writing when a small claims judgment has been paid in full, or be responsible for any reasonable costs incurred by the defendant in later establishing that it was satisfied.

Another requirement is that the magistrate or judge is to analyze the terms of any agreement for judgment with the parties if they are present in court. This makes certain that the court does not order or otherwise endorse any private payment agreement that relies on exempt sources of income. This avoids any arbitrary surprise to the defendant by delaying any levy on the judgment until the defendant has had an opportunity to pay as ordered or to attend a payment hearing.

Mallory Megan works for a collections agency that works with a debt collection lawyer. She also writes stories on business and finance, the credit industry and collections agencies.

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