Collection Agencies Step Up To Bat As Young Adults Slip More And More Into Debt

For American people just starting out, the most current analysis of trends in our economy points to the fact that incomes are decreasing. Many financial experts and leaders in the collections industry have reason to believe that this paradigm shift will be a permanent one. Out of all of the demographics in the United States, young adults are the most uninsured when it comes to health care coverage. A whopping thirty percent of these individuals have absolutely no insurance. And despite the fact that a large amount of uninsured young people have jobs, many have just begun their careers and work at low wage jobs for employers who offer limited or no health care benefits.

From the perspective of the collections industry, this new economic shift has the ability to have huge ramifications. With this many young adults now struggling to pay for day to day expenses, let alone medical bills, experts are predicting that their personal debt will grow to massive proportions. As health care prices spike it is crucial to bear in mind that uninsured young people are twice as likely as those with privatized health insurance to have no education beyond high school. Not only will these people not have coverage, but their lack of education will limit their earnings potential in the future as the job market grows more and more competitive. This, coupled with young people’s financial inexperience makes them prime territory for debt collectors.

Yet another factor is the credit industry itself. With the CARD Act and America’s financial woes, stricter credit standards have been imposed and will most likely make it more difficult for many young people to obtain credit or loans for “good debts,” any type of productive debt that could improve an individual’s situation such as a mortgage for a home or a loan for post graduate education. As debt collectors struggle to wrap their heads around all of the economic changes, advances in technology make debt collection practices and their regulations (The Fair Debt Collection Practices Act) seem dated. One blaring example of this fact is the existence of cell phones. The FDCPA was written in the 1970s and as a result does not have stipulations guiding cell phone calls, and it is estimated that over forty percent of consumers do not have landlines at this moment. Out of everyone, young people are the least likely to have landlines and therefore the trickiest to get in touch with.

One way that leaders of the collection industry are attempting to address this difficulty is by creating more methodical profiling systems to aid debt collection companies when they are trying to collect on these accounts with an active cell phone number. Better, more efficient communications with credit bureaus will help them determine if the debtor has obtained a new address or phone number.

Because this is a time to think outside the box, the collections industry can be likened to the wild west. It seems that these days, anything goes. But one thing is for sure: with changes accelerating faster and faster, the smartest debt collection agencies are gearing up for younger adults, attempting to use the ways that these individuals prefer to do business and communicate. Some debt collectors are considering text messages, and many agencies have recently added online systems to their businesses that permits debtors to make payments over the internet, rather than deal with a debt collector in person or via United States Postal Mail.

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California Couple Awarded $500,000 In FDCPA Case

Last month, Manuel and Luz Fausto won one of the biggest collection awards documented in the last couple of years under the Fair Debt Collection Practices Act (FDCPA) against Credigy Services Corporation. A California jury awarded the Faustos $500,000 in damages derived from harassment by Credigy collectors. Of the sum, granted $100,000 was for actual damages the Faustos experienced, while $400,000 was in punitive damages, granted for malicious and reckless disregard of the couples rights. According to one of the Faustos lawyers, David Humphreys of Humphreys Wallace Humphreys, P.C., and the case derived from a debt on a Wells Fargo charge card opened in 1992.

Humphreys stated that the Faustos routinely paid the account balance on the credit card, but the balance kept increasing. The Faustos then requested that the account be frozen, but their request was declined by a local Wells Fargo branch. Humphreys said the Faustos received help in paying the balance from a local business that promised to negotiate a discounted payoff of credit card balances. The Faustos were under the impression that the debt owed to Wells Fargo was paid off with two money orders in the late 1990s. In 2006, Credigy contacted the Faustos with a demand of almost $17,000. Humphreys noted that a Brazilian affiliate of Credigy made over 90 threatening calls and sent numerous letters to the Fausto home, even after a cease and desist notice was sent to the company.

Luz Fausto recorded the last phone call made by the debt collectors, which documents false claims that threatened the Faustos livelihood. Credigy counter sued the Faustos on the grounds that the debt collection call was confidential. Humphreys said that Credigys collection efforts did not cease until a lawsuit was filed. Humphreys claimed that the jury award was the largest given to a consumer in a case brought under the FDCPA.

Manny Newburger, an attorney for debt collectors fears that consumer lawyers may make the false assumption that all juries will award large damages because it was awarded in this case. The Fausto case is fact-specific, Newburger stated. In the vast majority of cases there is little or no evidence of actual damages presented by the consumer. This is one reason why other debt collection lawyers are not willing to let the verdict in this case affect their evaluation of other cases, he noted.

Newburger said that the defendants in this case sued for invasion of privacy, a common defense but also, a theory that is asserted in a lot of the cases filed around the country involving alleged collection abuse and the jury ruled against the defendant in the invasion of privacy claim. According to Newburger, the verdict was based on state legislation. This is a California specific case, he said.

Newburger argues that the only thing the Fausto case means is that the consumer won. He does not think the size of the award will entice more consumers to sue debt collection agencies. I think this verdict is indicative of what this jury thought of this particular case, but not of anything else, Newburger said. As for the size of the jury award, Newburger said that he had heard of far larger rulings in FDCPA cases.

The ruling for the statutory penalty is still undecided. Once decided, a judgment could be granted for any sum up to $1,000 for Credigys violations of the FDCPA. It is unknown if Credigy will appeal the ruling. The lawyers for the debt collection agency could not be contacted.

Rapid Recovery Solution is a medical debt collection company.

How Will A Debt Settlement Program Affect Your Credit History? Pt. 2

In the last article I wrote about debt settlement programs and whether it was a good idea to agree to one or not. Keeping all of this information I relayed to you in mind, if you come to the conclusion that debt settlement isn’t the best option for you, there are four other main options: remain delinquent, come up with extra money to make payments, work with a credit counselor, or declare bankruptcy.

Staying in delinquency will simply make your credit score lower, and the longer you wait, the harder your score will be hit. Just one thirty day late payment can cause your score to drop by up to one hundred and ten points. Ninety days? You are currently three times as late with your card payment, and you are only getting later as more time passes by.

Coming up with extra money to make payments might just be worth your while. Take a look at your finances and budget. Is there anything that can be adjusted, or sold? Use any extra money to pay your debt and prevent any further damage to your credit score. For a lot of us, budgeting isn’t as easy as that. If you need outside help, seek out a credit counselor. They will get to the bottom of the problem, and find a solution.

Finally, you can also consider filing for bankruptcy. This means that you won’t have to repay the debt, but filing will cause your credit to drop even lower than a debt settlement, by as much as two hundred and forty points. If you are considering bankruptcy, have a consultation with a bankruptcy attorney to discuss the details.

All told, experts say that talking to a good credit counselor is the best choice. They can assist you when it comes to assessing your financial situation, offer possible alternative choices, and show you how not to make the same mistakes at any point in the future.

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Phony Debt Consolidation Schemes To Be On The Lookout For Part Two

In part one in these series of articles I wrote about potentially shady debt consolidation schemes that you should be on the lookout for. Read on to find out more:….

Meanwhile, your creditors are going without being paid. Unluckily, while you are collecting that payment, you aren’t paying your bills and you may be sinking lower and lower into debt.Instead of taking this gamble check out a nonprofit credit counseling firm that may charge you only twenty dollars, if anything. Instead of billing the debtor, these counselors will typically get what is called a fair share percentage payment from your creditors after you have been paid.

Finally, and most importantly, DON’T invest your trust in the debt consolidation counselor who tells you that “We will handle everything. You should cease all communication with your creditors.” Even though the fact that the idea of not speaking to creditors and ignoring their mail sounds like a real load off of your back, ultimately, it is your debt and your credit score at hand. Never send in a change of address form directing all creditor mail to a debt settlement company.

It is key to remember that the creditor is the one with whom you signed your contractual agreement. When all of your statements are being sent to the debt settlement company, you relinquish that control. You do not know how much in late fees and interest are being tacked on. You also will not know if your debt has been transferred into collections.

A few final words of wisdom. If you think you need debt settlement, try debt management first. Get in touch with your creditors and request reduced interest, suspended payment or any other payment terms that may suit your financial situation more favorably. Although it may appear to be a long shot, or a pain, it is always extremely essential if you are about to miss a payment to call your creditor and say “Hey, listen, I am unable to make this month’s payment. I’d like to work something out with you.

Rapid Recovery Solution is a medical debt collection company. Get a totally unique version of this article from our article submission service

Divorce And Bankruptcy- Making The Best Of A Stressful Situation

Divorce, in addition to bankruptcy can bring serious problems to the table for those involved in the situation. When a married couple who no longer wishes to remain together have debts piling up and are heading for divorce, bankruptcy might be one way to sort out the financial issues. Bankruptcy has the capacity to be filed by just one spouse, or jointly. The effects of bankruptcy on divorce proceedings? Abrupt at best. An automatic stay will put an end to all activities on divorce proceedings.

Although one lawyer may seem trying in a time of stress, two lawyers may be necessary to sort the matters out, a bankruptcy attorney and a divorce lawyer to work things out between the unhappy couple. A bit of good advice to take would be to quickly find a bankruptcy lawyer to guide you through your finances, additionally to the attorney who is assisting you through your divorce. The expert guidance with alimony, child support, property settlements, and other financial issues is key when you are suffering from the stress of bankruptcy and divorce simultaneously.

If the spouses together have a lot of debt, filing for bankruptcy jointly is a good idea. This can even simplify the divorce settlement, and filing bankruptcy jointly is more cost efficient. If you are a spiteful ex, filing individually for bankruptcy is a good way to send the creditors after your spouse.

Then there is the matter of property that you have accrued during marriage. That’s marital or community property. If you are filing jointly for bankruptcy, and your ex spouse has marked some of your separate property as marital property, you should take these actions. First, you should prove what is yours isn’t community property. The bankruptcy court will release the exempt property, and the remaining property that you share will be part of the bankruptcy estate and therefore will be used for paying off the money you owe.

After the bankruptcy court has sorted out which property is exempt from bankruptcy, the divorce court can spread the property between the couple in an equal fashion. The non exempt property will be sold by bankruptcy trustees (representatives) to pay off debts.

A different way to steer clear of financial loss on account of your former spouse’s debt is to attach a property of your spouse as a security lien. This lien will permit you to take hold of the property and utilize it to pay off your spouse’s loan if he or she is thinking of ditching and letting you pay. The property with a lien may get you less than the market price, but this is still a good way to protect yourself.

Finally, you can work an indemnity clause into your divorce decree. This will help guard you from creditors who are coming after you to pay for your ex spouse’s debts after the divorce. If your husband or wife files for bankruptcy, don’t worry. The judge will enforce it to protect you.

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What Is The FDCPA?

In order to do battle with the problems associated with harassing debt collectors and debt collection companies, the Fair Debt Collection Practices Act (also known as the FDCPA) was designed. The laws and regulations legislated by the Fair Debt Collection Practices Act not only shield consumers, but they also aid debt collection agencies as well by encouraging them to operate in a serious and professional manner when engaging in communication with supposed debtors.

In most situations lenders are within their rights to pursue payment. This includes situations where the borrower is delinquent in their responsibilities and then consequently default on their financial obligations, and or if the borrower simply needs a little more time due to crude financial circumstances and strain. These above situations represent instances in which the lender is not acquiring his due payments from the borrower when they began with a reasonable expectation of being paid back in an adequate time frame. No matter the reason in these cases, the lender in question is legally within their rights to seek payment that they are due.

In these situations, a lot of times lenders have no other option but to become involved with a collection agency. The goal of collection agencies is to recover and collect all of the monies that are overdue to their clients (the lenders). Due to the Fair Debt Collection Practices Act, collection companies can not act neglectfully and with inadvertence for the consequences of their actions when trying to recover monies for their clients.There are several conditions that come along with the Fair Debt Collection Practices Act as enacted in 1978. These conditions both protect debtors and enable collection companies to strongly pursue valid debts.

Even if a debtor advises a collections representative to terminate all further contact with him there are other means by which a debt collection representative may aim for the valid debt. For example, under the FDCPA, while the collection rep must agree with the debtors request to cease any further contact with them, they are also perfectly within their rights to make the debtor aware that they intend to pursue the debt via legal channels through an attorney.

If the collection agency accountable for recovering the delinquent account cannot communicate with or cannot reach the debtor, then they are legally allowed to contact third parties related to the debtor. However, under the FDCPA there are some boundaries to contacting third parties. First and foremost, the collection rep cannot harass the third party or be non-courteous. Also importantly, the collection rep cannot violate the right of privacy of the debtor by disclosing the nature of the call to this third party.

Among guidelines for collection agencies to adhere to, the Fair Debt Collection Practices Act also has a penalization system in place for those collection companies that do not adhere with the aforementioned stipulations. These penalties against collection agencies found to be in violation of the FDCPA include: fines; license revocation; and even legal actions.

At first glance it appears as though the guidelines of the Fair Debt Collection Practices Act are strongly skewed toward the debtor. However, these rules also protect the debt collection agency by helping them steer to wards fair practices and policies in a courteous and professional manner. Without the FDCPA, the unprofessional behaviors of some select few collection agencies would go unchecked and thus would undermine the entire reputation of the business of debt collection.

Mallory Megan works for a collections agency that works with a debt collection lawyer. Also, she does pieces on business, finance, the credit industry and collections agencies.

What To Do If You Have A Debt Collector On The Phone

If you owe debt to a creditor collection agencies are allowed to report your debt to credit bureaus, file lawsuits against you, and should be taken very seriously. The best way to protect yourself and your financial situation is a methodical approach. First, know why you are being contacted. Know where the debt is from and exactly how much it costs.

Find out the name of the person calling, the agency, the creditor, and the agency’s address and fax number. Under the FDCPA, you have the right to tell a collector over the phone that you want all future contact to be in writing. Follow up all requests with a written request.

Try to remember that if you ask the collector not to contact you at all it the agency has the authority to contact you once more to inform you how it plans to proceed. Another request that can be made is that you are the only person that should be contacted. It may be a good idea to keep a file including dates and details of phone conversations and when you mail out or receive letters.

If you do send any correspondence to the collections agency do this by Certified Mail, Return Receipt Requested. This ensures that the letter reached the collector, giving you a signed receipt as proof. If you negotiate a re-payment plan over the phone, ask for the terms of the plan in writing. Any promise to remove or adjust credit history should also definitely be documented.

Be sure that you pay the correct party; payments are usually made to the debt collection agency, not the creditor, unless you are otherwise instructed to do so. Carefully look over the amount you are being asked to pay. Get an assessment of any interest, fees or charges that have been added.

If you feel that your collector is being abusive, be certain to complain to the agency and keep this complaint on file. But most importantly, don’t ever ignore a bill collector even if you think that the debt isn’t yours; they will continue to contact you and it may mean more trouble and time in the long run.

Mallory Megan works for a debt collection agency. Also, she does stories on business, finance, consumer spending, and collection agencies. Get a totally unique version of this article from our article submission service