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Author: daniel perry
Debtors who were unable to stay current on their debt repayments often find themselves being harassed over the phone by their creditors or collecting agencies. That is the main reason why collection call laws are devised. You will notice that these laws differ between and among states. But the principles behind them tend to be more or less the same. Let us take this opportunity to find out what these principles are.
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. The fact, however, that there are creditors who call the debts even before they are due and the debtor has not even defaulted on a single payment make this principle quite subjective. Essentially, this is a form of harassment, no matter how the creditors may argue that it isn't. Courtesy - and the law in many cases - does, however, demand that these collection calls be reserved for people who have truly defaulted.
Reading the spirit of the laws in question, one gets the impression that the collection calls are only meant to be 'polite reminders' to people who seem to have forgotten about certain debts, that they need to start repaying them. Debtors may receive premature collection calls from their creditors and collection agencies. If they are found guilty of harassing the debtors when the latter are not yet in default and yet the calls are being made, legal redress and compensation may be sought from the courts. It is also important that there be a reasonable time gap between the first and the second collection call. 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.
It is worth remembering, as we mentioned, that the spirit of the laws governing collection calls seems to suggest that the calls should only be polite reminders to people who seem to have forgotten their debts. 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. Another principle that must be followed concerns the wishes of the debtor. If the debtor asks for a cessation of the calls, the creditor or the collection agency should immediately stop making the calls. There is no set or strict rules on what the debtor should do in this case.
The creditor or the collecting agency could stop once they have received a simple letter request from the debtor, asking that no more calls be made to him. This is a way of balancing the odds between the creditor and the debtor, although the debtor would be subjected to possible consequences if he asks for the cessation of the calls. But the ultimate objective is to ensure that the creditor doesn't harass the debtor endlessly with collection calls. That is the basis for the legal provision that the collection calls should be stopped, once the creditor gets a request to stop making them from the debtor.
Debtors who were unable to stay current on their debt repayments often find themselves being harassed over the phone by their creditors or collecting agencies. That is the main reason why collection call laws are devised. You will notice that these laws differ between and among states. But the principles behind them tend to be more or less the same. Let us take this opportunity to find out what these principles are.
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. The fact, however, that there are creditors who call the debts even before they are due and the debtor has not even defaulted on a single payment make this principle quite subjective. Essentially, this is a form of harassment, no matter how the creditors may argue that it isn't. Courtesy - and the law in many cases - does, however, demand that these collection calls be reserved for people who have truly defaulted.
Reading the spirit of the laws in question, one gets the impression that the collection calls are only meant to be 'polite reminders' to people who seem to have forgotten about certain debts, that they need to start repaying them. Debtors may receive premature collection calls from their creditors and collection agencies. If they are found guilty of harassing the debtors when the latter are not yet in default and yet the calls are being made, legal redress and compensation may be sought from the courts. It is also important that there be a reasonable time gap between the first and the second collection call. 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.
It is worth remembering, as we mentioned, that the spirit of the laws governing collection calls seems to suggest that the calls should only be polite reminders to people who seem to have forgotten their debts. 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. Another principle that must be followed concerns the wishes of the debtor. If the debtor asks for a cessation of the calls, the creditor or the collection agency should immediately stop making the calls. There is no set or strict rules on what the debtor should do in this case.
The creditor or the collecting agency could stop once they have received a simple letter request from the debtor, asking that no more calls be made to him. This is a way of balancing the odds between the creditor and the debtor, although the debtor would be subjected to possible consequences if he asks for the cessation of the calls. But the ultimate objective is to ensure that the creditor doesn't harass the debtor endlessly with collection calls. That is the basis for the legal provision that the collection calls should be stopped, once the creditor gets a request to stop making them from the debtor.
Posted in: Criminal
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