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In parts one and two in this set of articles on the very basics of debt collection, I spoke about the differences between an in house collector and a third party collection agent. I let you know about the different types of ways that debt collectors will locate the debtors, and described a number of statements that the debt collector must say before they can proceed in their attempt to collect debt from you.

Collection agents call these legal guidelines a “mini Miranda.” If a collections agent does not give this information to you, he or she is violating the Fair Debt Collection Practices Act. If questioned, the debt collector is obligated to tell you her name, the name, address and fax number of her agency, and what creditor she is calling on behalf of.

If it is necessary the collections agent will go over the terms of sale with you, or credit contracts. Keep in mind that your conversation will most likely be recorded, and a good collection agent is a sneaky one. They will probably utilize their listening skills to attempt to determine the cause of the delinquency.

Despite what you may have heard from anecdotal stories, or the sensational stories you have heard on the news, most debt collectors are empathetic people, working to make a buck like you. Even if your debt collector is calling aggressively, it is never a good idea to ignore their calls. A debt collector will have the authority to offer a repayment plan, or some other type of help to make it easier for you to pay off of your debt.

At times, they are capable of finding solutions to your financial problems. After all, they work with people like you every day. They can even offer you some helpful advice or they might be able to refer you to some helpful debt counselors. Unfortunately, it has been said that all stereotypes have some truth in them, and there will be an occasional debt collector who may use strong arm or even illegal tactics to collect a debt. If something doesn’t sit right with you, consult the FDCPA, and call your local attorney general’s office to report the incident.

Mallory Megan works for Rapid Recovery Solution and writes articles on medical collection agencies. Check here for free reprint licence: The Very Basics Of Debt Collection Part Three.

Due to the fresh credit card modifications that are starting up next year, card issuers will have a hard time getting teenagers on college campuses to apply for credit cards without their parents’ knowledge. As students arrive on campus, card issuers will be there to speak to them at many schools.

“Issuers will try to continue to market to college students between now and the time the legislation takes effect,” said Bill Hardekopf, chief executive of LowCards.com, a site that tracks cards. That means schooling them to budget and handle a checkbook and debit card in advance to having a credit card.

Card issuers main target goal are young adults because people tend to be attached to their first card, said Christine Lindstrom, U.S. Public Interest Research Group’s higher-education program director. Plus, young adults are more expected to carry revolving debt and pay late, creating more interest and fees for the card issuers, she said.

Card issuers also will require a co-signers approval to increase credit limits of a cardholder younger than 21. And issuers won’t be allowed to offer T-shirts or trinkets to entice students. Some credit experts say students need a card to start building a credit history and score.

But there’s no need to rush this, and it can boomerang if students mismanage cards. Young adults should worry less about their credit score and focus more on implementing good financial habits between ages 16 and 21, said Craig Watts, a spokesman for FICO, the company that created a universally used credit score. “The credit score will take care of itself,” he says.

A survey made public in April by Sallie Mae reveals that many young adults aren’t knowledgeable managers of credit. Undergraduates on average carried record card debt of $3,173, or 46 percent more than four years earlier.

Several schools, out of concern for students, don’t admit marketers to pitch cards on campus. After a few years of living on their own, paying bills and managing credit, they can apply for a credit card under their own name when they turn 21. Never co-sign, advises Janet Bodnar, author of “Raising Money Smart Kids.” Besides, she added, students are more likely to learn money skills if responsible for their own debt.

Rapid Recovery Solution is a New York debt collection agency.

Statute of Limitations on Debt Collection is the amount of time that creditors have to collect their debts by suing you in court and by other legal methods. Once the statute of limitations period is over, the creditors cannot sue you in court. However, the debt that you owe STILL REMAINS. Do not think that once the statute of limitations period is over, your debt will disappear. It will not! Creditors can collect their debts owed via other legal methods like a debt collection company.

We should point out that there are NO Statute of Limitations on the following types of debt owed: Child support due payments, Federal & Local state taxes, Parking fines, illegal fines and Federal Student Loans.

Each US Statute has its own statute of limitations periods. Generally speaking, here is the statute of limitations on the following types of debt: Auto Loans: Debt owed on auto loans generally expires in 6 years. Unsecured Debt: 3-6 years after the last missed payment by a consumer, or last tracked activity.

The moment you sign that debt contract for example a car lease document, a personal loan or other types of loans, the Statute of Limitations period begins. However, this rules varies state by state. Some states also allow the ‘adjustment” of this period. For example, a person living in Alabama has credit card debt of $15000 and does not make a single payment for 3 years. Now in the state of Alabama, the statute of Limitations period is 6 years. If that person travels out of the state of Alabama (say to Florida) for 1 year, then his statute of limitations period STOPS up until he returns back to Alabama from Florida. Upon his return to Alabama, this period resumes again (3 more years).

Also note that after 3 years of having not made a single payment on your debt, you start making payments again. This new payment automatically resets the statute of limitations period to 0.

We will now abbreviate the word statute of limitations as SoL. Consider another example:

You sign an auto financing contract on January 1st, 2006 where the first payment of $300 is due on February 1st, 2006. In February, you never make a payment towards your debt. The SoL expires on February 1st, 2012 (assuming you live in Alabama where the SoL period is 6 years). Why Feb 1st? This is because Feb 1st was the last time you made a delinquent payment on your loan, or this was your last missed payment. The SoL period starts counting from your last missed payment.

Now assume you receive a call from a debt collection company that instead of paying $300/month, you pay $150/month. You receive this call on March 1st, 2008 (2 years have expired on the SoL period). This offer sounds pretty good to you and you indeed do make the payment! Hey! The SoL period at this point automatically resets to 0 and will run for another 6 years!

To recap, every payment you make towards credit card or personal loan debt resets the SoL clock. This resetting of the SoL clock applies only to unsecured debt and NOT secured debt. This is because in Secured Debt, the lender will simply confiscate your collateral (a pledged home, your car, etc) and will not have to deal with collection issues.

If your lender harasses you after the SoL period of collecting the debts is legally over, you will not have to go to court. The court will probably call off the case as soon as the Judge finds out that the SoL period is over. You should write up an “Expired Statute of Limitations” letter to your creditor and inform him that the SoL period is over.

Many people confuse the Statute of Limitations Period of Debt Collection with the SoL period for Credit Reporting. For instance, consider you live in Arizona where the statute of limitations period is 3 years. After 4 years, you can defiantly refuse to pay that debt and the court will rule in your favor. However, according to the rules defined in the Fair Credit Reporting Act (FCRA), your delinquent debt will be shown for up to 7 years (since your last delinquent or missed annuity payment).

Rapid Recovery Solution is a New York debt collection agency. This and other unique content ‘consumer collection agency’ articles are available with free reprint rights.

Just like the phoenix that rises from the ashes, so does so-called zombie debt. A consumer may think it’s dead, but it keeps coming back to haunt them.

“Zombie debt is a phrase to describe all debt that a consumer had forgotten about or never even owed that comes back to haunt them,” said John Monderine, of Rapid Recovery Solution, Inc.

Joan Baker has been tormented for years as collection agencies hassled her about debt that was not even hers to begin with. More than a decade ago Baker was the victim of identity theft and since then debt collectors have not let her rest.

“It is a nightmare. It won’t go away,” Baker said. “I had knots in my stomach. I was on the phone for hours.”

Baker reported a fraudulent $5,000 charge and still the debt collectors were persistent. When she refused to pay, they went after her credit rating. Each time she cleared her name with one agency, the cycle started up again because her debt had been sold to a different debt collection company.

Baker finally sued the persistent collection agency for fraud five years ago. Baker was awarded $40,000.

Her experience is not an isolated one.

When Larry Randazzo missed a Verizon bill for 11 cents, it ballooned into $4,000 seven years later.

Randazzo said the collector backed off when he made it clear that he knew his rights.

“If they are going after me, someone who has the resources to fight them, what are they doing to people who don’t understand their rights?” he said.

“I think what I did was make them aware that I was aware,” Randazzo said.

Many banks sell debt. For example, an institution might sell a credit-card debt worth $10,000 to a collection agency for only $100. Then, the agency turns around and aggressively tries to collect and whatever it receives is mostly profit.

This year more than $100 billion of “junk debt” is expected to be bought and sold on the open market, according to a report by debt collection advisory Kaulkin Ginsberg. A debt collection trade association said it polices its members.

“Once we determine that the complaint is against a member of ACA International, what we do is seek to work with the consumer and the debt collection agency to identify a solution,” said Rozanne Andersen, executive vice president of the Association of Credit and Collection Professionals.

How to Protect Yourself

First, ask for something in writing.

Consumers should know the statute of limitations in their state. Many allot about seven years where you cannot be sued or have your credit rating destroyed.

“If a consumer knows the debt is past the statute of limitations, they should not pay it,” said Mauro.

Also, you should never let a collector debit your account because the money can often be difficult to get back.

Rapid Recovery Solution is a third party debt collection agency. Get a totally unique version of this article from our article submission service

The government is stepping up to bat as debt collection hoaxes rise. In recent news, Buffalo New York has been home to a number of illegal debt collection practices, and authorities have arrested at least twelve people. Although the vast majority of collection agencies are legitimate and good economically, there has been a rising amount of deceptive and unlawful practices.

In Buffalo, people have been caught calling up people who owe money and posing as police officers. They have threatened to send debtors into prison, or even take child custody away from them. And it doesn’t end there.

A recent civil case imposed a $675,000 penalty ever imposed on a debt collection business, for illegal and deceptive practices. This includes badgering and lying to consumers, disclosing their debt to third parties, and cashing in on post dated checks early. These tactics were accompanied by deceptive claims from agents saying they were lawyers or other figures of authority.

In addition to refusing to disclose the address or phone number of the “company” these agents even went as far as to call people who did not owe any money at all and attempted to collect from them. Despite claims that it was individual workers acting illegally, the Federal Trade Commission went after the business owners and won a case that served the biggest penalty ever for debt collection companies.

To avoid being a victim of fraudulent collection agencies, it is crucial to know your rights. A collection agency can not seize a debtor’s assets, bank accounts, or paychecks. They can never get a debtor fired from their job, and cannot make any kind of public announcements concerning the debt, and they can definitely never threaten or engage in violence.

For further information, refer to the Fair Debt Collection Practices Act, which outlines the regulations and rules of debt collection.

Mallory Megan works for a debt collection company. She also writes articles on business and finance, consumer spending and collection agencies. Get a totally unique version of this article from our article submission service

Tax season has arrived and so have the cyber crooks. IRS scams are circulating, the latest one involving an official looking email from the IRS that states that you can get your tax refund on a Visa or a Mastercard. It asks for your credit card number, your social security number, credit card expiration dates, card verification value numbers, amount shown on your tax return, filing status and other personal information.

An example of the phishing email can be found on the IRS web site.

“After the last year’s calculations of your fiscal activity we’ve determined that you’re eligible to receive a tax refund of $78.87. Please submit the tax refund request and allow us 6-9 days to process it. Access the form for your tax refund by clicking here. – Regards, Internal Revenue Service.”

The IRS does not notify taxpayers of refunds, or any other payments that may be due, by email. Rather than click on the link in the message, you should forward the email to phishing@irs.gov, and erase the original from your email account.

IRS schemes work one of two ways: scammers send unsolicited e-mails that seem to come from the IRS and tell recipients that they have refunds that are due. But first they need to click on e-mail links and provide needed information, which they will use to steal a victims identity.

The second version is an email that claims to be from the IRS Criminal Investigation Division telling the reader that they are under investigation for false tax returns. To learn more about the complaints against them, consumers click on the links which have Trojan horse codes.

These codes take over computer hard drives and let swindlers remotely access the computers and use them to send spam email among other things. If you ever do receive unsolicited emails from the IRS, they urge you to forward them the email.

Mallory Megan works for a debt collection agency. She also writes articles on business, finance, consumer spending and collection agencies. Get a totally unique version of this article from our article submission service

Do you know how much debt your medical collection agency collected last year? If you don’t, how can you evaluate their effectiveness or your return? How could you possibly be aware?

Most patient balances forwarded to a medical collection agency are often considered “lost causes,” there would be little point in using such services if that were always the case. Logic dictates this much. Some of the reasons are as follows: Some patients simply do not respond to practice statements or internal collection letters. They will, however, respond when a collection agency states it will report their failure to pay to credit bureaus. Collection agencies have a number of resources on their hands. If reporting a debt to a credit bureau does not work, there are attorneys on hand that can assist you with problem consumers who refuse to pay.

It is common knowledge that most medical practices acknowledge the need for collection agency services but they should evaluate and manage this collection method just like any other. Practices should have a full understanding of the terms of the agreement with their collection agency and the results of such arrangements; they must also understand how their own internal processes affect the agency’s success. And internal processes do have an enormous effect on the amount of money that you can collect.

Here are six questions you should ask when evaluating your current collection agency.

What is the total dollar value of accounts placed with the collection agency last year?

What is the protocol for turning accounts to collection?

What is the average age of transferred accounts?

What percentage of transferred accounts had balances less than $50?

How much did the agency collect last year?

What fees does the collection agency charge?

What reports does the agency provide?

Mallory McGuinness is employed by a collections agency that works with a debt collection lawyer. Also, she composes stories on business and finance, the credit industry and collections agencies. You are welcome to reprint this article – but get your own unique content version here.