Newsvine
  • Welcome
  • Help
  • Report Bug
  • Conversation Tracker
  • Your Column
  • Replies
  • Friends
Type Comments Since You Last CheckedArticle Source Last Checked Stop Tracking All Clear Tracking All
advertisement
Log In | Register
Close the Login Panel
Existing users log in below. New users please register for a free account.

New Users:

Existing Users:

E-Mail:
Password:
Forgot Password?
Please enter the e-mail address or domain name you registered with:
E-Mail/Domain:
Back to Login
Log Out
  • Top News
  • Local News
  • World
  • U.S.
  • Sports
  • Politics
  • Tech
  • Entertainment
  • Science
  • Business
  • Health
  • Odd News
  • More
    • Arts
    • Education
    • Environment
    • Fashion
    • History
    • Home & Garden
    • Not News
    • Religion
    • Travel
Visit denise-1033685's column >>

DENISE-1033685

Because God Made Me This Way!
Articles Posted: 12  Links Seeded: 79
Member Since: 4/2009  Last Seen: 5/25/2011

What is Newsvine?

Updated continuously by citizens like you, Newsvine is an instant reflection of what the world is talking about at any given moment.

Get a Free Account
Help
Fun Stuff
  • Your Clippings
  • Leaderboard
  • E-Mail Alerts
  • Top of the Vine
  • Newsvine Live
  • Newsvine Archives
  • The Greenhouse
  • Recommended Articles
  • Wall of Vineness
Put a Seed Newsvine link on your own site

How do bill collectors find you?

Wed May 12, 2010 4:00 PM EDT
world-news, money, finance, law, debt, credit, card, bill, collector, fdcpa
By denise-1033685
advertisement

Bill collectors have access to multiple web site's that are geared to finding people, such as Lexis Nexis, Accurint, C.B.C, and traditional methods such as 411.com. Sometimes we will just google your name, and find a Facebook account, Myspace and try to generate leads from that too:

We are taught how to contact your place of employement and obtain information form your H.R Dept, we will "skip trace" you through 411 and try to obtain telephone numbers of your neighbors if we are unable to contact you. All bill collectors are required to take a standard issued by the government; it is the laws of the F.D.C.P.A (The Fair Debt Collections Practices Act)

The Fair Debt Collection Practices Act, often referred to as the "FDCPA", was passed by Congress in response to abusive conduct by collection agencies, and concern that the abuses were causing an increase in the filings of personal bankruptcies. The purpose of the Act is to provide guidelines for collection agencies which are seeking to collect legitimate debts, while providing protections and remedies for debtors.

The FDCPA applies to personal, family, and household debts, including debts associated with the purchase of a car, for medical care, for retail financing, for first and second mortgages, and for money owed on credit card accounts. Please note that most states have similar laws, which typically proscribe the same types of misconduct by debt collectors and which may cover a broader range of debts than the federal law.

The act regulates the conduct of debt collectors: any person who regularly collects debts owed to others. This definition includes lawyers who perform debt collection services on a regular basis. Even where money is legitimately owed, a debt collector's conduct is restricted by this law.

In-house collection agents are not ordinarily covered by the Act. For example, if you have a store credit card, and the store's own collection department contacts you, the FDCPA does not apply. However if the same store uses an outside collection agency to contact you in relation to that same debt, the outside agency's conduct is restricted by the FDCPA. Similarly, if the same store uses an in-house collection agent, but suggests to you that the collection is being performed by a third party, the FDCPA may apply to them as a result of that representation.

Please note that there may be other laws in your state which restrict the conduct of in-house collection agents.

The FDCPA restricts debt collectors from engaging in conduct including the following:

  • Contacting a third party who does not owe the debt, such as a relative, neighbor, or your employer. Co-signers to the debt, however, may be contacted by the debt collector;

  • Threatening to refer your account to an attorney, harm your credit rating, repossession or garnishment, without actual intention of action on the threat. Please note that a debt collector may warn you of an actual impending intention to refer your case to an attorney or to report your debt to a credit agency. What they cannot do is use a false threat to try to intimidate you into paying;

  • Making repeated telephone calls or telephone calls at unreasonable times. The act defines unreasonable times as contat before 8:00 AM or after 9:00 PM, unless you have given the debt collector permission to contact you during those hours;

  • Placing telephone calls to an inconvenient place. For example, contacting you at work in violation of a policy by your employer that is known to the debt collector or following a request by you that they not contact you at work;

  • When placing a telephone call to you at work, informing your employer of the purpose of the call, unless first asked by the employer;

  • Using obscenity, racial slurs or insults;

  • Sending letters which appear to have come from a court;

  • Seeking collection fees or interest charges not permitted by your contract or by state law;

  • Requesting post-dated checks with the intention to prosecute if they bounce;

  • Suing in courts far removed from your place of residence;

  • Making certain false representations in association with efforts to collect the debt, including the false claim that the person contacting you in relation to the debt is an attorney, falsely claiming to have started a lawsuit, using a false name, or using stationery that is designed to look like an official court or government communication;

  • Using false claims to collect information about the debtor, such as pretending to be conducting a survey;

  • Threatening you with arrest if you do not pay the debt.

  • Enjoy this article? Help vote it up the 'Vine.

Back To Top | Front Page

Published to:

  • denise-1033685's Column, All of Newsvine
  • Groups: none
  • Regions: none
  • Public Discussion (14)
denise-1033685

How do collectors find you?

Bill collectors have access to multiple web site's that are geared to finding people, such as Lexis Nexis, Accurint, C.B.C, and traditional methods such as 411.com. Sometimes we will just google your name, and find a Facebook account, Myspace and try to generate leads from that too:

We are taught how to contact your place of employement and obtain information form your H.R Dept, we will "skip trace" you through 411 and try to obtain telephone numbers of your neighbors if we are unable to contact you. All bill collectors are required to take a standard issued by the government; it is the laws of the F.D.C.P.A (The Fair Debt Collections Practices Act)

The Fair Debt Collection Practices Act, often referred to as the "FDCPA", was passed by Congress in response to abusive conduct by collection agencies, and concern that the abuses were causing an increase in the filings of personal bankruptcies. The purpose of the Act is to provide guidelines for collection agencies which are seeking to collect legitimate debts, while providing protections and remedies for debtors.

The FDCPA applies to personal, family, and household debts, including debts associated with the purchase of a car, for medical care, for retail financing, for first and second mortgages, and for money owed on credit card accounts. Please note that most states have similar laws, which typically proscribe the same types of misconduct by debt collectors and which may cover a broader range of debts than the federal law.

The act regulates the conduct of debt collectors: any person who regularly collects debts owed to others. This definition includes lawyers who perform debt collection services on a regular basis. Even where money is legitimately owed, a debt collector's conduct is restricted by this law.

In-house collection agents are not ordinarily covered by the Act. For example, if you have a store credit card, and the store's own collection department contacts you, the FDCPA does not apply. However if the same store uses an outside collection agency to contact you in relation to that same debt, the outside agency's conduct is restricted by the FDCPA. Similarly, if the same store uses an in-house collection agent, but suggests to you that the collection is being performed by a third party, the FDCPA may apply to them as a result of that representation.

Please note that there may be other laws in your state which restrict the conduct of in-house collection agents.

The FDCPA restricts debt collectors from engaging in conduct including the following:

  • Contacting a third party who does not owe the debt, such as a relative, neighbor, or your employer. Co-signers to the debt, however, may be contacted by the debt collector;
  • Threatening to refer your account to an attorney, harm your credit rating, repossession or garnishment, without actual intention of action on the threat. Please note that a debt collector may warn you of an actual impending intention to refer your case to an attorney or to report your debt to a credit agency. What they cannot do is use a false threat to try to intimidate you into paying;
  • Making repeated telephone calls or telephone calls at unreasonable times. The act defines unreasonable times as contat before 8:00 AM or after 9:00 PM, unless you have given the debt collector permission to contact you during those hours;
  • Placing telephone calls to an inconvenient place. For example, contacting you at work in violation of a policy by your employer that is known to the debt collector or following a request by you that they not contact you at work;
  • When placing a telephone call to you at work, informing your employer of the purpose of the call, unless first asked by the employer;
  • Using obscenity, racial slurs or insults;
  • Sending letters which appear to have come from a court;
  • Seeking collection fees or interest charges not permitted by your contract or by state law;
  • Requesting post-dated checks with the intention to prosecute if they bounce;
  • Suing in courts far removed from your place of residence;
  • Making certain false representations in association with efforts to collect the debt, including the false claim that the person contacting you in relation to the debt is an attorney, falsely claiming to have started a lawsuit, using a false name, or using stationery that is designed to look like an official court or government communication;
  • Using false claims to collect information about the debtor, such as pretending to be conducting a survey;
  • Threatening you with arrest if you do not pay the debt.
  • 5 votes
Reply#1 - Wed May 12, 2010 4:11 PM EDT
Simplistic Reality

Thank you for this information! :)

  • 5 votes
Reply#2 - Wed May 12, 2010 5:16 PM EDT
Truth Hurts-840829

before accepting any agreement to forgive a potion of your debt remember that your going to have to claim that "forgiven" amount as an income on your income tax form next year... not the greatest idea

file bankruptcy or simply ignore them - they can do nothing about un-secured debt but complain.

  • 1 vote
Reply#3 - Thu May 13, 2010 6:10 AM EDT
Crash Test

Just say no to credit cards. Pay cash

    #3.1 - Fri May 14, 2010 2:59 PM EDT
    Reply
    Dylan923

    So are you a debt collector Denise?

    • 2 votes
    Reply#4 - Thu May 13, 2010 6:44 AM EDT
    denise-1033685

    I was from 1999-2010: I have decided to leave the industry. And wanted to let consumers know what really goes on behind closed doors.

    • 1 vote
    #4.1 - Thu May 13, 2010 11:58 AM EDT
    Dylan923

    Yeah I read your profile, very interesting indeed.

    • 1 vote
    #4.2 - Thu May 13, 2010 12:00 PM EDT
    Reply
    upswing

    Many debt collectors will not be able to offer any documentation to support the alleged debt that they are seeking to collect on.

    Often, they have bought the debt as part of a basic list of alleged debts, that include nothing more than names and addresses, online.

    The list often does not come with the paperwork necessary to support collection.

    This makes them reluctant to take you to court if they know you will demand such paperwork. Because of this. they will try to bully the money out of you to avoid going to court.

    Other tips:

    Your state will have a statute of limtations on the legal enforceablilty of collecting most debts. When this time - anywhere from about three years to about six years -- expires, the collector can continue collection activity, but it would be pointless for them to take you to court over the alleged debt, since your defense would be that the SOL has expired.

    NOTE: By making a payment on an alleged debt, you are resetting the Statute of Limitation from that date. i.e. you are adding the entire SOL period to the alleged collection process.

    Also, most of the lawyers who deal with ordinary debt collection are stupid (it's the only lawyering work they can get) and they often do not know the law very well.

    i.e. Do not be bullied by them. Your legal reference is the FDCPA, not a lawyer's threatening letter, and it is worth your while to challenge them on the law, even though they are lawyers and you are not.

    My final tip would be to deny that you owe anyone anything unless and until they can prove that you do in court.

    By the time that a debt collector who has bought your alleged debt gets possession of the debt, the original alleged creditor has gotten all that he/she is going to get from that alleged debt.

    Personally, I think that feeling obligated to give the debt collector a penny absent a court order is completely irrational.

    That belief is grounded in a personal philsophy that is too big and messy for this forum, but it is one that leads me to tell the debt collectors I have come into contact with to go take a flying f*ck, and I'll see them in court.

    In the last debt collection episode I was involved in, the debt collector ended up paying me, and the debt collector and the debt collector's mega-bank clients signed a contract saying that they would never again engage in any debt collection activity that in any way involves me.

    Bottom line: Debt collectiors and lawyers make a bundle by convincing people they are smart, and then bullying them on the strength of that claim.

    But now you know that they are not smart.

    Add that info to the excellent info in this thread, and you have more power than you think you might think that you have when it comes to dealing with debt collecting scum.

    • 1 vote
    Reply#5 - Thu May 13, 2010 9:30 AM EDT
    denise-1033685

    You are 100% correct. In most cases the debt that is purchased only has a name and a ss# attached. We have to use skip tracing sites to try and locate you. Social Security searches usually will provide us with up to 7 prior addresses, and cell# listed in your name, and they will also provide relatives (mother-father-sister-brother) and from that point we start digging. It is more or less cat and mouse. Collectors are provided with seminars to teach us how to locate debtors. And yes once you make a pymnt on an old act tech you have opened up a new can of worms, at the point you more or less acknowledge you owe the debt, and it is able to be used in court. Please keep in mind each state does differ in their contact laws: you can always google your state's guidelines:

      #5.1 - Thu May 13, 2010 12:04 PM EDT
      upswing

      denise:

      Please keep in mind each state does differ in their contact laws: you can always google your state's guidelines:

      Good advice.

      • 1 vote
      #5.2 - Thu May 13, 2010 9:39 PM EDT
      Reply
      Drizzey

      I did late stage collections for a credit card company for 6 months. It made me hate everyone. Just turned me very negative and unhappy for that time. Glad I'll never have to do it again.

        Reply#6 - Thu May 13, 2010 12:07 PM EDT
        denise-1033685

        Yes, that's why I left. I actually would go home thinking of these people ans their situations, and I couldn't do it anymore. My job was to make them get the money regardless of how they had to do it. We told people to turn to their local church for help, advances from bosses, we would conf. call parents/relatives and make people ask to borrow the money.. We would already have a current credit report prior to calling you to see if you had any available credit elsewhere. We would make people get Payday Loans, Title Loans, cash out their 401-k or whole life insurance policy, all under the impression that they would possibly be sued, and be served by their local sheriff's department.

          #6.1 - Thu May 13, 2010 12:17 PM EDT
          Drizzey

          Ahh, yes. I remember that well. By the time I talked to any cardholder they didn't care. They got their "free money" and now it was our problem to deal with.

            #6.2 - Thu May 13, 2010 12:28 PM EDT
            Reply
            Holly-348328

            I'm glad this act was passed. Thanks for posting up this information. Were you able to find everyone you looked for or did some people disappear?

              Reply#7 - Thu May 13, 2010 12:48 PM EDT
              Leave a Comment:
              You're in Easy Mode. If you prefer, you can use XHTML Mode instead.
              You're in XHTML Mode. If you prefer, you can use Easy Mode instead.
              (XHTML tags allowed - a,b,blockquote,br,code,dd,dl,dt,del,em,h2,h3,h4,i,ins,li,ol,p,pre,q,strong,ul)
              Newsvine Privacy Statement
              As a new user, you may notice a few temporary content restrictions. Click here for more info.
              FUN STUFF:
              • Leaderboard |
              • E-Mail Alerts |
              • Top of the Vine |
              • Newsvine Live |
              • Newsvine Archives |
              • The Greenhouse |
              COMPANY STUFF:
              • Code of Honor |
              • Company Info |
              • Contact Us |
              • Jobs |
              • User Agreement |
              • Privacy Policy |
              • About our ads
              LEGAL STUFF:
              • © 2005-2012 Newsvine, Inc. |
              • Newsvine® is a registered trademark of Newsvine, Inc. |
              • Newsvine is a property of msnbc.com