Posts Tagged ‘professional debt collection’

The Bare Basics Of Debt Collection Part Three

Monday, July 19th, 2010

In parts one and two in this set of articles on the very basics of debt collection, I let you know about the differences between an in house collector and a third party debt collector. I spoke about the different sorts of ways that collection agents will find their debtors, and described a number of statements that the debt collector must say before they can proceed in their attempt to collect debt from you.

Bill collectors refer to these legal guidelines as a “mini Miranda.” If a bill collector doesn’t share this information with you, he or she is violating the Fair Debt Collection Practices Act. If questioned, the debt collector is obligated to tell you her name, the name, address and fax number of her agency, and what creditor she is calling on behalf of.

If it is necessary to do so the debt collector will go over the terms of sale with you, or credit contracts. Bear in mind that your conversation will probably be recorded, and a good debt collector is a sneaky one. They will most likely use their listening skills to try to determine the cause of the delinquency.

Even though you may have heard some incredible anecdotal stories, or you may have read sensational stories in the news, most debt collectors are empathetic people, working to make a buck like you. Even if your debt collector is calling aggressively, it is never a good idea to ignore their calls. A debt collector will have the authority to offer a repayment plan, or some other type of help to make it easier for you to pay off of your debt.

At times, they have the capacity to find answers to your financial problems. After all, they work with people like you all the time. They can even offer you some useful advice or they might be able to refer you to some helpful debt counselors. Unfortunately, it has been said that all stereotypes have some truth in them, and there will be an occasional debt collector who may use strong arm or even illegal tactics to collect a debt. If something doesn’t sit right with you, consult the FDCPA, and call your local attorney general’s office to report the incident.

Mallory Megan works for Rapid Recovery Solution and writes articles on medical collection agencies. This article, The Bare Basics Of Debt Collection Part Three has free reprint rights.

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Bankruptcy: What Is It And What Do The Chapters Mean?

Monday, June 14th, 2010

Bankruptcy in the United States is a constitutionally (Article 1 Section 8, Clause 4 to be exact) approved way for individuals and business entities to settle large amounts of debt. Congress is in charge of making the bankruptcy laws, the most recent change being an amendment to existing laws through the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. For other laws relevant to bankruptcy, turn to the United States Code.

Bankruptcy cases are filed in United States Bankruptcy Court, so federal law will govern the procedure in bankruptcy cases. But state laws are also applied when property rights are being determined. One example is that rules that protect property from creditors (the people who you owe money to) will come from state law.

Bankruptcy comes in a number of forms, or Chapters. Title 11 of the United States code contains nine chapters. Six of these will require you to file a petition. The remaining three have rules to govern these petitions.

Chapter Seven is the bankruptcy that most people will file for. This involves a trustee who is appointed to collect the property of the debtor that is not exempt. Then the trustee will go ahead and sell it, and distribute the proceeds to the creditors. Every state lets debtors keep essential property, so most Chapter 7 cases will let the debtor keep all of their property.

A Chapter Nine bankruptcy is only available to municipalities. It’s a form of reorganization, not liquidation. One famous example of this was when Orange County, California filed. Bankruptcy under Chapter 11, Chapter 12, or Chapter 13 is more complex. It involves reorganization and letting the debtor keep some, or all of their property. They will use future earnings to pay off creditors. People usually file Chapter 7 or Chapter 13. Sometimes an individual will file for Chapter 11, but this is rare. Chapter 12 is similar to Chapter 13, but is only available to “family farmers” and “family fisherman” in some situations. Generally, chapter 12 has is more generous for debtors than a similar Chapter 13 case.

In 2005, Chapter 15 was tacked on to the list. It deals with foreign companies with U.S. Debts.

Rapid Recovery Solution is a medical collection agency. Get a totally unique version of this article from our article submission service

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What Financial Issue Do You Tackle First? Credit Or Mortgage?

Monday, February 8th, 2010

What do you do if your income diminishes? You have less money, but the amount of debt you owe remains the same. What’s the best way to prioritize payments? If you have credit cards chances are you might also have personal loans and a mortgage.

Throughout the past few years, more consumers in a bind due to decreasing income have decided that credit cards should be higher than their mortgage payments on the prioritization list. As 2009 ended it was determined that twice as many consumers were delinquent with their mortgage payments while paying credit card payments than the other way around.

Even though some of this might be a result of the credit crunch and lower balances on cards generally, this might be due to the general tendency for people to lose faith in the value of their homes as they see the real estate market erode. A lot of homeowners are giving up and simply walking away from their homes with mortgages that they cannot afford. They figure that if the only punishment is a bad credit score, there isn’t much incentive for them to keep paying money if they are not building equity.

For families suffering from financial trouble, the basic necessities are still needed: food, water and shelter. Credit cards are the usual financing tactic in times of need. There is an understandable set of reasoning for prioritizing these bills. If a credit card is taken away, someone will lose the chance to pay for the bare necessities.

However, a mortgage should be higher on the priority list than credit cards because the mortgage is secured debt. The bank that holds your mortgage can take your house away if you don’t pay because your house is collateral. While some people have no problem leaving a house whose value has diminshed, it’s not considered a very wise choice. There is a good chance real estate value eventually will come around, so sitting tight might pay off.

Mallory McGuinness is employed by a debt collection agency. Also, she composes pieces on the credit industry, business and finance, and debt collection Get a totally unique version of this article from our article submission service

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