When speaking with a debtor, many collectors (especially those without much experience) will use a script, which contains a pre-written introduction, request for payment, and has various branches to follow, depending on how the debtor responds. If one debtor in particular is taking up too much time without making arrangements to repay the debt, the collections agent may be inclined to move on to other accounts. Any information that the debtor gives about his/her financial situation (e.g. income or current employment, etc.) will be recorded on the file’s record and used to estimate the probability of a recovery, the advantage of legal action, and so forth.
So what can a collection company do? If they are working the debt 100% commission, they can send some more demand letters and make some more scripted phone calls. They can also mark the item as negative with the credit bureaus. In the case that they are working on contingency, they have the authority to recommend filing suit, or if they own the account, they can file suit themselves. However, the actual chances or intentions of this are often quite less than they try to suggest to the debtor.
Collection companies can not legally seize a debtor’s assets, bank accounts, or garnish wages unless there has already been a successful lawsuit with a judgment awarded in their favor. Collection companies can not legally make any kind of public announcements or disclosures concerning the debt, except to the credit bureaus.
Debt collection companies can’t legally cause a debtor to be fired from his or her place of employment. Collection companies can not legally engage in any type of physical violence or threats thereof.
Why does the debtor pay? Many times the reasons include fear, guilt, intimidation, and a lack of understanding of the legal remedies available. Plus it is the right thing to do. The debtor may feel guilty and ashamed of being a “deadbeat,” and may perceive a judgment of his/her value as a person. The debtor may have greatly exaggerated ideas about what collectors are (legally) capable of doing, and may have outdated stereotypes in mind.
The debtor may be overwhelmed by the aggressive and relentless demands, from companies that may seem so powerful. S/he may take it personally, and assume that great individual attention is being given to this particular collection file. Customers being contacted by collection companies are usually in serious financial distress, and under emotional pressure about the general situation, so they may be confused and defenseless.
Mallory McGuinness is employed by a collections agency that works with a debt collection lawyer. Also, she does articles on business and finance, the credit industry and collections agencies. Don’t reprint this exact article. Instead, reprint a free unique content version of this same article.
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