Learn More About The Principles That Govern Collection Call Laws
Creditors and collecting agencies often call up their debtors who are in default or in delay, even to the point of harassment. It is for this reason that collection call laws have been put into place. These laws vary from state to state. But the principles behind them tend to be more or less the same. It is time for us to take a look at these principles.
Before the collection calls have been made towards the debtor, it is important that there should be default in payments on the part of the debtor. That is one of the main principles of collection call laws. But you can say that this is quite subjective. After all, the debtor may not have even defaulted yet, or the amount of debt is not yet due but the creditor is already calling it. Essentially, this is a form of harassment, no matter how the creditors may argue that it isn’t. But it is common courtesy to make the collection calls to those who are in default. That is also what the law provides.
These collection calls are meant to remind the debtors – with a certain amount of courtesy – that they have missed on one or several due payments of their debts, and that they should start doing so immediately. In cases where people feel that they are getting collection calls prematurely, and hence being harassed, there can be legal redress: in the form of compensation from the guilty lenders and collection agencies. Another principle behind most of the existing collection call laws is the one where there has to be a time lapse, between the first call and the second one. The debtor would have to acknowledge receipt of the calls, pay the amount due, or renegotiate with the creditors. This means the calls could actually stop only at the first one.
Collection calls laws provide that these calls are supposed to be gentle reminders to debtors that they have forgotten to make the payments when they fell due. Collection calls are not really what should be used on debtors who are intent on evading their debts altogether. There are other, more persuasive, legal mechanisms for them. If you see the laws on collection calls, you will see that most of them respect the desire of the debtors for the calls to stop. Thus, the creditors and the collecting agencies should stop making the calls once they are requested to do so. There are no hard and fast rules as to what the debtor should do to make the calls stop.
A simple letter to the creditor or the collecting agency requesting the calls to stop would suffice. The law is fair to both the creditor and the debtor though, and upon taking this path (of stopping the calls), the debtor does suffer some consequences. Still, this is meant to stop the creditor or collecting agency from subjecting the debtor to undue harassment by making the calls. The debtor has a right to be protected from harassment, which is why he is granted the right to ask for the collection calls to stop.
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Filed under: Personal Injury
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