What Debt Collectors Can and Can’t Do?

Dealing with debt may be a stressful experience. For many people, the scary reality is that a single external factor like layoff, a medical emergency—could put them in debt. Being harassed by debt collectors and living in fear of what they might do to you can cause a lot of stress. Understanding how to protect yourself and what debt collectors can and cannot do will help alleviate some of the stress that comes with debt management.

What Debt Collectors Are Allow To Do?

  • Debt Collectors CanSeek Payment On An Expired Debt

A statute of limitations applies to all unsecured debts, such as credit cards and medical expenses. The debt “expires” after this time period, and you can no longer be sued for payment. However, you still owe it, and debt collectors can seek payment for these old debts.

  • Debt Collectors Can Pressure You

Debt collectors can’t threaten you or deceive you, but they can put pressure on you to pay. This pressure can take the form of daily phone calls, letters, or threats of filing a lawsuit to collect the debt – as long as they keep within the law.

  • Debt Collectors Can Sue You For Payment On A Debt

As a final resort, debt collectors might sue you for payment on a debt. Because most debtors fail to appear in court and lose by default, these cases frequently result in wage garnishment, bank levies, or both.

  • Debt Collectors Can Sell Your Debt

If a collector is unable to collect on a debt, he or she may resell the balance if only partial payment has been received. So don’t be startled if one debt collector stops contacting you about a debt and another begins. If you pay off a loan in full, make sure you acquire a written agreement so you can prove it.

  • Debt Collectors Can Negotiate For What You Owe

Because debt collectors buy debts for pennies on the dollar, they have fairly large profit margins if they collect the original amount owed. This gives them more flexibility in negotiating payment from a consumer. You may be able to negotiate a settlement for 25% or 30% of what you originally owed. Again, get the agreement in writing, so you have proof the debt was considered paid in full for the agreed-upon settlement amount.

What Debt Collectors Are Not Allowed To Do?

  • Debt Shouldn’t Come To Your Workplace

Under certain rules and laws, it’s illegal for a debt collector to come to your workplace to collect payment. However, a debt collector can call you at work, but they can’t reveal to your co-workers that they are debt collectors. To stop these calls, request the debt collector not to call you at work.

  • Debt Collectors Cannot Arrest You For Debt

A debt collector cannot arrest you for a debt you owe. If a debt collector sues you for a debt and you fail to appear in court, you may be charged and convicted by default and required to pay. If you ignore the court order, the collector may seek an arrest warrant against you.

  • Debt Collectors  Cannot Pursue You For Debt You Don’t Owe

Sometimes inaccuracies can occur in the debt collection process. Due to incomplete or erroneous documentation, a debt collector may contact the wrong person for payment, or the proper person for a debt that he or she has already paid. This is a common problem, but it’s also against the law. Start by reviewing your credit record if you’re unsure about a debt you’re being requested to pay.

  • Debt Collectors Cannot Call You Whenever They Want

If you’ve wondered what time a debt collector can call you, know that they can’t call you If you’re wondering when a debt collector can call you, know that it’s not before 8 a.m. or after 9 p.m. You can also ask a debt collector to stop calling or writing you in an attempt to collect on a debt. However, you must continue to pay the debt.

Bottom Line

Although there are certain limitations for debt collector while collecting payments from the clients, but every individual who owe money need to pay back regardless of their financial situation. As a business owner, if you are facing difficulties in collecting outstanding debts – reach out to us!

We at KenStone Capital can effectively collect your money from debtors. If you want to explore more about our b2b debt collection strategies, contact us today!

Comments