What Can A Debt Collection Company Do And Why Do Debtors Pay?
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by: Mallory Megan
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Word Count: 423
Date: Sat, 5 Jun 2010 Time: 11:59 AM
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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 one debtor in particular is taking up too much time without making arrangements to repay the debt, the collections agent may be inclined to move on to other accounts. Any information that the debtor gives about his/her financial situation (e.g. income or current employment, etc.) will be recorded on the file's record and used to estimate the probability of a recovery, the advantage of legal action, and so forth.
So what can a collection company 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.
Legally, collection agencies can't seize a person's bank accounts, assets or garnish wages unless there has already been a successful lawsuit with a judgment awarded in their 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 agencies can't legally threaten violence, and they certainly cannot engage in violence to collect a debt.
Why does the debtor pay? Many times the reasons include fear, guilt, intimidation, and a lack of understanding of the legal remedies available. 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 The debtor may have greatly exaggerated ideas about what collectors are (legally) capable of doing, and may have outdated stereotypes in mind.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. She or he may take it personally, and come to the conclusion that great individual attention is being given to this particular collection file. Customers being contacted by collection agencies are typically in serious financial distress, and under emotional pressure about the general situation, so they might be confused and defenseless.
About the Author
Rapid Recovery Solution is a national debt collection company.
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