Debt collector includes collection agencies or lawyers who collect debts on behalf of their clients as part of their business. Some collectors buy past-due loans from creditors or other businesses and try to collect them.
Debt recovery agencies are guided by some rules and regulations and there are some things they are allowed to do and others not allowed to do. There are some restrictions on how they can pursue the payments. But one thing, they can sue you for payment.
Below are the dos and don’ts for a debt recovery agency.
Seek payment on an expired debt – Debt recovery agencies are allowed to seek or collect payment for expired debts. Expired debt doesn’t mean it ceases being a debt, it is only given another name and referred to as a bad debt. In most cases, these are the debts transferred to the debt recovery agencies. A debt collector or debt recovery agency is obligated to collect any overdue amount and can even sue you for the payment.
Pressure You – Although not allowed to harass the debtor, they can apply pressure to collect payment. This pressure can include daily calls, messages, frequent letters, talk of pursuing lawsuits, and so forth as long as they remain within the bounds of the law.
Sue you for payment – Debt recovery agencies can sue you if their efforts to collect money become futile. In most lawsuits, the debtor loses by default because in most cases they do not show up in court.
Sell the debt – A collection agency may resell debt it has not been able to collect or the remaining balance of a partially collected debt. So, it is quit in order to get a different collector pursuing your loan.
Come to your workplace – It is illegal for a debt recovery agency to come to your workplace for payment. This means they are not allowed to harass you in person at your place of work.
Harass you – Harassment refers to actions such as repeated calls, threats or violence, publishing information about the debtor, abusive or obscene language, causing distress, vandalizing or damaging debtors property or belongings, unlawful stalking, or impersonating government bodies.
Arrest you for the debt – You cannot be arrested for a debt you owe to a debt collector. However, if the collector sues you and fails to show up in court, you lose by default and you are ordered to pay. If you defy the court order, then the debt recovery agent can pursue an arrest warrant.
Call you whenever they want – Debt collectors are only allowed to call you during working hours. Any call made past working hours or before working hours is illegal and unacceptable. A debtor can also request that the collector stop calling or writing any time outside the working hours.
The negative assumption that people hold about debt recovery agencies is uncalled for. They are not there to punish or harass you. In fact, they are there to help you in your financial management and help you regain your financial stability again.