Debt Consolidation Credit Counseling In Phoenix

What is a collection company?

There are a few possibilities.

Some creditors will try to deceive a debtor by using a DBA'ed company name, address, and telephone number for their internal collection department. They want to give the impression of an "outside" agency hoping the debtor will take it more seriously. This strategy is generally only used when the debt is not older than six months old.

However, the most successful collection activity is performed by an outside third-party collection company. Separate from the original creditors or 1st party they are able to work debts on behalf of all lenders. They, from time to time also buy bad account which have been designated as charge-offs by the original creditor.

This article will spotlight 3rd party collection companies

How do they earn money?

3rd party debt collection companies often work on 100% commission, where they only get paid when they recover funds. Collectors are usually paid a small hourly wage plus commissions and/or bonus based on results.

Many collection companies purchase substantial debt portfolios of charged-off accounts for a fraction of the total face amount (total amount outstanding) After a portfolio is sold off, the debtors now owe the entire amount to the purchasing company. The probability of collecting money decreases substantially over time, an agency might only pay 1% - 5% of face value. The agencies' profits come from the difference between the purchase price and the amounts that are hopefully collected.

How does the collection process work?

The main tools of a collection company are dunning notices and phone calls.

What are the dunning notices like?

The dunning letters are computer-generated, and are often in a standardized series which starts with a non-threating, "reminder" tone, and may progress to ultimatums. The letters are pre-written and sent to many debtors; they are not personal.

The first letter must state that the recipient has the right to dispute the validity of the debt (in writing), and the agency must send some confirmation after verifying it with the original creditor. Collection letters must also contain the statement that they come from a debt collector, and that any information gathered will be used for the purpose of collecting the debt. Collectors are legally prohibited from printing anything on the outside of the envelope which indicates or suggests the nature of the communication. Even the return address must be discreet, so many agencies will just use their company's initials, or some other nondescript name.

The debtor's reaction to the letters will affect which letters the agency will select from its repertoire. Cooperation (e.g. making payment arrangements and/or partial payments) may result in letters with a gentler tone. Evasive or hostile reactions from the debtor may result in a more threatening tone.

Collectors attempt to create a sense of urgency, to try and collect the debt within the shortest amount of time. This hopefully will encourage the debtor to prioritize that particular obligation. Deadlines may be set, such as, Pay this amount within 10 days. There may also be threats, such as, ...Or we will proceed with further collection attempts. But most of the time, if a debtor fails to meet the deadline, all that will happen is that yet another dunning letter will arrive, making the same basic demand. The & further collection action usually just means more dunning letters.

Collection letters will always encourage the debtor to call the collection company on the phone. If the debtor doesn't call, then a collector will often call the debtor.

What are the phone calls purpose?

Individual phone collectors may be assigned a portfolio of accounts, and spend the majority of the workday, every day, collecting them. The collectors motivation is fueled by constant performance evaluations and personal commission payments. The size of a collector's own paycheck is dependent upon how much money s/he collects from debtors. Between that factor, and the relentless confrontations, this is a very high-stress job, with high employee turnover.

If a debt collector calls and reaches someone other than the debtor (e.g. a friend), s/he is legally prohibited from disclosing That this is an attempt to collect a debt. Every state is different but this may or may not include the debtor's spouse. If the collector reaches an answering machine or voice mail, s/he will often leave a FDCPA approved message, but is prohibited from giving details for the call, since someone besides the debtor might hear it. The basic message goes something like, "I am calling for Jane Doe. It is very important that you call me back. My name is JR Rooney, and my number is 1-631-776-8109." S/he will typically sound rather unemotional and stiff. Collection companies may be required to provide a phone number which is free for the debtor to call. They also may attach their toll free numbers to caller ID equipment which instantly identifies and logs the phone number the debtor is calling from, in order to call the debtor at that number at a later date.

When contacting a debtor, many collectors (especially those with very little experience) will use an approved script, which contains a pre-written introduction, demands for payment, and has various branches to follow. Based on how the debtor responds, rebuttals are also provided. If a particular debtor is wasting too much time, without agreeing to pay, the collector will be urged to move on to other accounts.

Any information that the debtor gives about his/her financial situation (e.g. income or job status, etc.) will be noted on the account record and used to estimate the chances of a recovery, the appropriateness of legal action, and so forth.

But what can they actually DO?

If they are working the debt on a contingent bases, they can send some more dunning letters and make some more scripted phone calls.

They can also report the item to the credit bureaus. And if they are working on commission, they can recommend a lawsuit, or if they own the debt, they can sue. However, the actual chances or intentions of this are often significantly 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 there favor.

Collection companies can not legally make any kind of public announcements or disclosures concerning the debt, except to the credit bureaus.

Collection companies can not legally get a debtor fired from his/her job.

Collection companies can not legally engage in any type of physical violence or threats to collect.

Why does the debtor pay?

Often, the reasons include anxiety, guilty conscience, persuasion, and a lack of education of the legal situation. 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.

Consumers being contacted by collection companies are typically in serious financial difficulty, and under emotional stress about the general situation, so they may be confused and vulnerable.

Some debtors aren't aware of their legal rights, and feel hopeless.

There are two useful tools that a collection company can actually do that a debtor should be worried about. These involve negative information being reported to the credit bureaus, and the unlikely probability of a lawsuit.

What about credit reports?

Third-party collection companies may report a debt to one or more of the credit bureaus, as a "Collection Account," including the amount, and whether it was paid or not. Paying off a collection account will not result in the item being removed from the consumer's credit reports - it will simply be marked "Paid." Agencies can report both debts that they have bought, and also debts that they are working on behalf of the actual creditor.

Also, a collection company could request a debtor's credit information, in order to get an idea of his/her general financial situation, and to get an updated address and phone number.

How long do collection accounts last?

Collection accounts are subject to the normal 7 year time limit for appearing on a credit report. As specified in Section 605 of the FCRA this time limit is based on the date of the original delinquency.

What is the probability they will sue the debtor?

If the debt still belongs to the original creditor, a 3rd party collection company cannot file a lawsuit. But if the balance is large enough and the debtor is being resistant and if there are indications that the debtor has vulnerable assets, the agency may send the account back to the creditor with a recommendation to file suit. Every creditor has its own criteria for the final decision; for example, the amount must be substantial (often $1500 or more, at the very least.)

Collection companies try to avoid sending too many accounts back, it gives the appearance that they aren't very good at collecting. Also, letters and phone calls are much less expensive than filing suit.

If a collection company has purchased the debt, then they have the ability to file suit, but by that time, the debt is likely to be rather old, and the agency doesn't have much invested in it.

Collectors tend to focus on fear and intimidation, since those things can work much more quickly, cheaply, and efficiently than legal action.

Lawsuits certainly are brought against plenty of debtors, but not nearly as often as debtors fear. There is a big difference between, "Pay up or we will continue with collection action," compared to an actual Summons And Complaint.

If the debt is substantial and recent, and the debtor appears to be a good target (e.g. reasonable assets or income), a lawsuit is a real possibility. If you are served with legal documents specifying a particular court, hearing date, etc., you should see a qualified attorney immediately. That area is beyond the scope of this FAQ.

How are collection companies regulated?

The most important law is the Fair Debt Collection Practices Act (FDCPA), which places many restrictions on collection activities. The FDCPA only covers 3rd party collection companies, not original creditors.

All the states have applicable laws regarding such things as telephone harassment.

Who enforces the FDCPA?

The Federal Trade Commission (FTC) oversees the debt collection industry, and has the authority to impose fines or other penalties for violations. However, the FTC does not get involved with individual customer cases. Once they receive a large number of complaints they look for patterns of violations which could then lead to action against a particular collection company.

What if a collection company has purchased the debt?

The agency then becomes the creditor for most purposes. The debtor will not be able to make any negotiations with the original creditor. The agency might be technically able to file a lawsuit against the debtor, (although this is not likely.)

However, the Federal Trade Commission has issued a Staff Opinion Letter which indicates that, even if a collection company has purchased a debt, it is still covered under the Fair Debt Collection Practices Act as a "third-party debt collector."

What about the relevant time limits?

The debt does not become some kind of "new" debt just because it was sold. For example, the 7 year credit reporting time limit is still based on the original delinquency date with the original creditor. The statute of limitations for filing lawsuits is also based on that same date. These limits can not be legitimately "reset" by a collection company that has bought the debt.

However, the statute of limitations may possibly be reset if the debtor makes a specific promise to pay, or a partial payment.

Can they do anything after the time limits are up?

Yes. The statute of limitations only covers the filing of lawsuits, and the credit reporting time limit only covers bureau listings. There is no time limit on letters and phone calls.

A collection company that has purchased a bundle of "out-of-statute" debts (where the SOL has already expired, or "run") is hoping that, either the debtors will feel guilty, or that they won't be aware of that "out-of-statute" status. But if a particular debtor makes it clear that s/he understands the legal situation, then the collectors are likely to give up and move on to easier targets.

Can collectors call the debtor's place of employment?

Yes, but there are limitations. For example, they can not legally tell your employer about the debt, or try to have you fired.

Is there any way to make them stop calling?

Yes. According to section 805 of the Fair Debt Collection Practices Act:

"(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt."

So the consumer can just send a 3rd party collection company a written notice (preferably citing the FDCPA), ordering them to stop the collection letters and calls, and the agency is legally obligated to comply. The only permissible contact thereafter is to notify the debtor of specific "remedies," like legal action, but usually the collectors won't even bother.

If the creditor hasn't decided on whether or not to file a lawsuit, then that decision may be made at this point, rather than being delayed.

After a "cease and desist" notice from the consumer, the debt may then be returned to the original creditor, passed on to another third-party agency, or simply filed away, depending on the circumstances. The agency may still report the account to the credit bureaus.

Imagine over the years your debts have somehow piled up to an unmanageable level. And now amongst unpaid bills and dealing with angry creditors, you feel the only solution for you is to get some help to clean up the mess. That is all well and good, but where exactly do you go to find this help?

Now imagine this: tired of the growing debts and with no way out you decide to consult a 'professional'. You go to a credit counsellor and let that person try to help you out of your debts only to find that they have put you in more trouble than you already were in when you started.

Needless to say, over the years because of changes in lifestyles and spending habits, many individuals have found themselves in a situation where they are too deep in debt. Unfortunately, at the same time there has also been an increase in the number of abusive practitioners who pose as credit counsellors only to make the situation much worse than it was in the beginning.

The traditional credit counselling agencies were small and local services whose main function was to lend a hand to consumers with guidance and education about budgeting and how to manage their debts. Each case is studied individually and depending on the individual consumer's situation they will be directed towards debt management, or at the worst case, filing for bankruptcy.

However, there has been a shift in the nature of these small agencies. For a start, a lot of them are not small anymore. Nor are they local. The trend in credit counselling agencies finds organizations that operate at a national level and adopt aggressive marketing strategies to break through to the public. It is not unusual to see these credit counselling agencies selling their pitch by advertising through television, magazines, radio and the internet.

When going to a credit counselling agency keep in mind that most genuine agencies of this kind offer their services at a minimal fee. This fee that is charges is usually just enough to cover their expenses, thus they make the grade at a 'non profit' business. It might only be natural for consumers to drop their guards when they are met with the word 'non-profit'. But one has to be aware of the fact that not all these organization have your best interest in mind.

Experts suggest that people who are looking for assistance from credit counsellors should be cautious with the choices they make. It is important to understand the fee structure and look into the structure more deeply if they operate on the basis of percentages and commissions.

You should understand points such as who pays the commissions, you or the credit card company. Also be sure to check out if the agency gets a kickback from the credit card company from the outstanding amount when it repaid, since that is something that is likely to have an effect on the way the agency works with you.

To consolidate debt or not to consolidate debt, that is truly the question, if you will forgive the Shakespearean reference! When you are in debt up to your ears, when your creditors are hounding you day and night, and when you feel like your very life's blood is being wrung out of you in effort to squeeze more money out of you, sometimes the only option you have open to you is to consolidate your debts and loans.

However, if you truly are in up to your ears in problems because of your never ending debt problems, then the very last thing that you want to do is to rush in and consolidate your debts without having a clue as to what it means to consolidate debt.

And although it is quite simple really, and takes only a little bit of your time to find out how to consolidate debt, and about the firms that will consolidate debt, some people give in to the pressures surrounding them and make one bad decision after another regarding their debt problems.

It is at this poing that you need to stop, take a deep breath, sit back and look at your problems head on. If you have gotten to the point where you are considering consolidate your debt, then you need take a good hard look at what you are facing.

Obviously, it may be time to consolidate when the amount owed per month exceeds what you can afford to pay. However, you have to look at the pros and cons of debt consolidation.

Once you have carefully researched the specifics, you will find that you will do well to consolidate debt and loan problems.

It is important that you don't find yourself obligated to a loan that is higher in interest from a debt consolidation company and you also should not obtain a secured loan to pay off an unsecured loan.

When considering your options on how to lower your debt, investigate all of your options, including debt consolidation. By researching your options beforehand, you can be sure that you will not have any nasty surprises after going through with such a major step.

Consumers in the USA are having a tough time with debt at the moment and if your credit score is poor then there are a number of methods you can try to help rebuild your credit rating. Many consumers find that the only way they can rebuild there credit rating is to obtain a loan or credit card but are being refused because they have a poor credit history. Having a poor credit score will not totally hinder you from getting a loan since it can still be achievable provided that you take the consequences of it such as having to pay a variety of fees and conditions as penalties added with the hassle of a higher interest rate.

Often these loans come with a 'sting in the tail' in the form of security on the home in addition to a higher interest rate so it is essential this is checked first so at least the person taking out the loan is aware of any conditions before they accept. You should be aware that with the help of the Internet, you can always find consumer websites that specializes in facilitating poor credit loans with the motive of finding you the best deals and terms as well as the right firm to help you ease the troubles away.

This is also a good way to stop the problem of making your credit score worse as each time you apply (within a certain time frame) it goes on your record and can lower your credit score. To make matters worse, some loan applicants create their own problem by accepting a loan and then turning it down for another that appears to have improved terms etc.

Using a credit card is just one way of rebuilding your poor credit rating effectively because most of your transactions and payments are reported more often than not directly to the agencies that monitor and help rebuild credit scores. It is more likely for credit card issuers to set their own terms and guidelines especially when it comes to issuing them to somebody who has a poor credit history therefore to be able to find the best deals for you, you should take part in finding and choosing from among the companies offering such so you will need to find the one with the best terms and conditions plus the lowest interest rate available. Be aware though that some card issuers have a a higher earnings limit for applicants and trying to get one of these cards will be a waste of time and may hinder your credit rating further.Normally, once you have used your credit card in a responsible manner for a while, the finance company will raise your credit limit but you should refuse this as it could just put further temptation in your way.

Some people try for a home improvement loan but may not qualify even though the remodelling work may be urgent so in this instance it is worth trying a bad credit mortgage lender that may be able to help. When considering a mortgage, remember that you must factor in many things and not just a particular interest rate as there may be other charges on an annual basis as well as any penalties that can be incurred.

It is consoling to know that despite your predicament of a poor credit score, you should still be able to get credit in the form of a loan, credit card and it is even possible to have an auto loan arranged as well. Seeking the advice of a professional debt counsellor is recommended for those people who are in serious debt and having trouble making monthly repayments because they can provide a more in depth information and debt consolidation loan as an option is more likely to be their suggestion.

Foreclosure has, unfortunately, become a sad reality of life for many individuals and families who own homes. This is especially true in certain parts of the United States. Any person who might be interested of purchasing a home at an exceptionally low price as a result of a foreclosure can get helpful information from court filings and newspaper advertisements.

Lenders who make the decision to foreclose on homes are required to file a claim with a local court in most states. This court claim provides reasons as to why the lender needed to foreclose such as evidence of allowing the loan to go to default.

Following the judge's official review of the foreclosure information, they will make a judgment regarding the claim. The individual being foreclosed on is then given a certain amount of time, often thirty days, by which they must pay back their entire loan. The home can be auctioned by the court after the designated period of time is up.

There are still some options available to the homeowner even when the court has agreed to foreclose. They can pay back the money before the house is auctioned. Since all court proceedings regarding home foreclosure is made available to the public, an individual interested in purchasing a home could find information about the homeowner and contact them to buy their house before it ever goes up for auction.

Don't Make Offers Until You Have the Facts

While the foreclosure information provided to the court is likely to be accurate, potential buyers should look at several issues that may affect the purchase of the property, especially if it is being purchased as an investment. If the home loan is relatively new and has not time to build up a lot of equity, the amount needed to purchase the home may be higher than the home's value, once associated costs are calculated into the price.

Using the foreclosure information in newspapers may help a potential investor get in touch with the owner and negotiating with them may be more beneficial than trying to deal with the lender.

The lender knows that through auction as well as subsequent civil action they can recoup the cost of the loan and legal costs incurred trying to collect. It would be rare for a lender to accept a lower amount for a mortgage, but then again, there is no harm in trying.