All of us have heard the horror stories of bill collectors and their willingness to harass debtors. Some of us may have even been a party to such harassment, but when harassment is against the law, just how do bill collectors seem to get away with it so often? Well, there is a legal problem with bill collections providing a gray area in the law enabling bill collectors to take liberties with their words.

In an attempt to regulate the collections industry, Congress passed the Fair Debt Collection Practices Act (FDCPA) in 1978 as Title VIII of the Consumer Protection Act. Its purposes was to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the informations accuracy.

While the FDCPA did all those things, certain ambiguities arose from the lack of definition in its language. For instance, while harassing language by bill collectors is forbidden by the FDCPA, harassment is not explicitly defined in the legal document. So in effect, nothing is explicitly disallowed. In other words, there is no off limit words a bill collector cannot use. If you have ever been shocked by what a bill collector has said to you, that is the reason why.

In addition, regulations have been made for the protection of bill collectors as well. It is no big secret people can become outraged over bill collections. You take an unstable person who is down and out on their financial luck, you add strong collection language to the mix, and you might end up with a recipe for a very dangerous situation, especially for the bill collector. That is why the regulations allow bill collectors to work under as many as two different aliases when collecting. Most bill collectors purposely use their alias over a phone inquiry when collecting. The absence of a physical body makes the collectors more bold in their inquiries. Most collections today are collected through the mail or electronically. You never see the actual bill collector.

A lack of legal definition is not the only problem with legalities involving the collection industry. Certain nuances exist within the industry that allow for the portrayal of collection agencies as something other than what they really are. Anyone with any education and inexperience can become a bill collector. Collection companies train their collectors to use catch words so their collectors come off as representing legal authority. The idea behind this facade is obvious. They want to scare the debtor into thinking they are in legal trouble in order to collect. When collection efforts through intimidation and scare tactics dont work, there is a lawyer waiting in the background of a collection agency ready to file a lawsuit to obtain a judgment. Before that ever happens, most people who get a call from the collection agent might think he or she has already spoken to the legal authority of the company.

Here is a common ploy used by collection agents in trying to legally intimidate a debtor into paying:

Mr. So-and-So, Are you aware that you owe my client, YouKnowWho Wireless – [however many dollars and cents]? I’m just calling to confirm one final time that this is a flat refusal to pay before I file this with my office and we take any additional steps.

The key words in this ploy are client, office, file, and flat refusal to pay. These words are all strong words implying legal action. There is nothing ever said by the agent that this is indeed a legal entity, but they certainly convey the possibility. It would amaze you how effective this tactic is in collections.

In the eyes of this writer, there are legal problems with bill collections, but there is one sure fire way of eliminating the problems without having to rewrite collection laws. You can file for bankruptcy protection. Filing for bankruptcy are the key words in your arsenal of words. Filing or turning them over to your attorney will stop them in their tracks. Bankruptcy laws are complicated, and common sense indicates you might employ a bankruptcy lawyer who can help you understand how these complex laws might apply in your particular situation.

If you determine you are in need of relief from the stress associated with debt and you live in or around the metropolitan counties of Nassau or Suffolk, New York, contact us here today at . We will help you find a bankruptcy attorney in your area that will help you with any questions you may have on bankruptcy law.

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