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Local debt collection: procedure and laws

Author: Jackson Gilbert
by Jackson Gilbert
Posted: Mar 14, 2020

If your startup is facing problems with some of the debtors, it is best to take immediate action. Browse your local debt collection agency as they can help you recover the debt or negotiate with the debtor.

Most small businesses or startups don’t have the resources to collect the debt themselves or set up a department. Thus, hiring a local debt collector with national presence as well is your best bet.

In this blog, we will know more about debt collectors and their procedures.

Debt collection agency

It is a myth that debt collectors are an illegal business that harasses people to recover the debt. This is far from the truth. A debt collection agency is a third-party business that recovers bad debts or accounts receivables on behalf of original creditors.

They work on commission and charge a percentage of the debt amount that they recover from the debtor. They follow guidelines and laws penned down by the state and federal laws that safeguard the rights of the debtor.

A third-party debt collection agency can work on a local, national, or international level. Some companies work on all levels too. They can work on the specific type of debt or all types of debts ranging from credit card debts to student loans, to medical debts, and so on.

Debt collection procedure

All agencies irrespective of whether they work at the local level or international level follow a set of procedures like:

  • 1. Using the details by the creditor, a collector first contacts the debtor.

  • 2. If they are unable to do so, they use a skip tracing method or call delinquent’s friends and family to gather information on their whereabouts.

  • 3. A collector researches the debtor to find out more about his financial status and so on. It helps them to better prepare and convince the debtor to pay.

  • 4. If the debtor asks for debt validation, which they should, a collector halts his process. After that, the negotiation and payment plans start.

  • 5. If the debtor is unable to or doesn’t pay even after all this, a collector with the creditor’s blessing sues the debtor.

Laws that a local collector follows

Every country has its own laws, but these are some general laws that all nations follows.

1. A collector cannot call a debtor anytime. There is a window of time for say between 8:00 am to 9:00 pm when they can call. If they call any other time, you can report them.

  • 2. A debt collector can call a delinquent at their workplace too. But if the debtor asks them to not call or their employer tells them to not call at the workplace, the collector has to oblige.

  • 3. They have to stop all collection process when a debtor asks for debt validation. Once the debtor gets all the details, they can start the collection process again.

  • 4. A debt collector cannot sue or threaten to sue the debtor until and unless the creditor has given his approval.

  • 5. A collector cannot disclose about the debt to anyone other than the delinquent’s lawyer and spouse.

  • Knowing how a collector works and what laws they should follow to respect the debtor and your relationship with him is important. It helps you to find out a perfect collector for your business.

About the Author

Jackson Gilbert is a Blogger. With his skills, he has been helping fellow marketers and brands worldwide. When not glued to his laptop, he can be found making travel plans that rarely happen.

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Author: Jackson Gilbert

Jackson Gilbert

Member since: Aug 12, 2019
Published articles: 56

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