April 3, 2011
Know These Important Debt Collection Laws And How They Affect Collecting Your Business’ Debt
When it comes to trying to recover delinquent accounts from your debtors, the various debt collection laws can, at times, feel like a hindrance. Clearly, your primary goal is persuading as many late-paying customers as possible to pay their debts, thereby keeping your business’ cash flow strong.
Contacting Your Customers – Do you know what measures you’re allowed to take when it comes to trying to contact your customers? The Fair Debt Collection Practices Act protects debtors from certain methods of collecting debt.
For instance, there are limitations on the hours during the day in which you can contact debtors. There are also limitations placed on where you’re legally permitted to contact debtors as it concerns their past due debts. Be sure to know and operate within these prescribed legal guidelines.
Should you reach a third party in your attempts to reach the original debtor, there are also restrictions on what you share with that third party. You’re only allowed to ask the best way to reach the actual debtor.
Ownership Of Debt Disputes – There may be instances when a debtor will deny owning the debt, or that they owe your business any money. When this occurs, you are required to send written proof of this outstanding debt
Truthful and Accurate Information – The law requires that you provide debtors with truthful and accurate information. For example, it is a violation to intimate or threaten arresting debtors for delinquent accounts. You can’t represent that you have legal representation, if in fact, you do not. You also cannot insinuate that debtors will be chased after by any governmental authority.
You’re permitted to only give accurate information about the debt, and all your collection tactics must abide by the debt collection agency laws at all times. If you found in violation, your debtors have the right to sue you, and could potentially collect as much as 1 percent of the collector’s net worth.
It is very important that your business clearly understand the debt collection laws as related to your collection methods. Collection agency laws extend beyond simply getting customers to pay their delinquent debts.
You may also need to learn how the changes to the Fair Debt Collection Act may relate to customer access to credit reporting information. They may wish to verify the information listed on their credit report, so you need to be sure the information you provide is always accurate. Business owners that don’t adhere to these laws may face some steep fines and they may even find that the debt owed to them could be discharged.
Debt collection is a difficult process, but as long as you stay abreast of the debt collection laws, collection agency laws and how these determine the actions you can take legally to recover the money owed to you, then you may find it not as difficult as it might sound.
Knowing what legal actions you can take can also help you with creating and building successful debt collection strategies, wherein you are able to properly communicate with your debtor and recover the debts owed to you.
David P. Montana has been a well known enterprise expert, business consultant and also author in debt collection agencies solutions for 30 years. He offers further important recommendations and details about debt collection laws.
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