Collection attorneys can make the difference in your company succeeding or failing. A collection lawyer will help you get the money you earned. Do you really need an Attorney? Collection laws are always changing and you don’t want to open yourself to error when you can get expert help from lawyers. Collection work can be expensive so do your research and make sure whomever you choose if very experienced.
What are Collections?
Collection is the process by which creditors attempt to get payment from nonpaying debtors. Collection can be performed by the creditor or by a collection agency the creditor has hired. A collection agency is a company that aggressively pursues debtors to collect money for the creditor.
How Can I Collect Money Owed to Me?
There are several ways you can try and persuade your debtor to pay you:
· Reminder Invoice: Send the debtor another invoice to remind
them that you still want the debt paid.
· Formal Demand Notice: Send the debtor a letter stating that
you demand timely payment.
· Call or Visit the Debtor: If your state law allows it, personally
call or visit the debtor and ask him or her to pay the overdue bill.
· Hire a Collection Agency: Ask a collection agency to persuade
the debtor to pay. A collection agency typically takes a percentage
of the money due as compensation. Should you choose to hire a collection
agency be sure to check the agency's credibility with the Better Business
Bureau and the Attorney General's Office.
What Can a Collection Agency Legally Do to Collect Payments?
Collection agencies tend to use aggressive tactics to collect money owed. These tactics, however, must not violate the Fair Debt Collection Practices Act (FDCPA). This act limits what actions a collection agency can take in its effort to collect payments. For example, a collection agency cannot:
· Use threats of violence or harm
· Contact any third party about the debt owed
· Use obscene language
· Use the phone to annoy or irritate someone
· Falsely misrepresent themselves as attorneys, government officials,
or any other entity
· Make false or misleading statements
· Declare that they will take unlawful action if payment is not
made
There are also several things a collection agency must do once it has
contacted a debtor. The collection agency must disclose:
· The amount of the debt
· The name of the creditor
· The timeframe in which the debtor can dispute the amount owed
What Should I Do if a Collection Agency Has Violated the FDCPA?
There are several things a debtor can do if a collection agency has
done anything illegal in violation of the Fair Debt Collection Practices
Act (FDCPA).
· Ask Them to Stop: Tell the collection agency that they should
stop contacting you. Doing so means that they can no longer contact
you except to tell you that they are suing you for the amount owed or
that they will stop trying to collect the debt.
· File a Complaint with the FTC: Write to the Federal Trade Commission
(FTC) and tell them that the collection agency has violated the FDCPA.
· Sue the Collection Agency: If the collection agency has repeatedly
violated the FDCPA you may want to sue the collection agency. You may
be entitled to damages as well as up to $1,000 for violations of the
FDCPA.
Do I Need a Lawyer for My Collections Problem?
A lawyer can help send demand letters to debtors who owe you money, or determine whether a creditor is violating the FDCPA. If you are forced to go to court, an attorney can guide you through the complicated legal process. Whether you are the debtor or the creditor, a lawyer will know all the ins-and-outs of debt collection and help get the results you want.
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