The Principles Governing Current Laws On Collection Calls

Text-only Preview

Collection Call Laws And The Principles Behind Them

Creditors and collecting agencies often call up their
debtors who are in default or in delay, even to the
point of harassment. It is for this reason that collection
call laws have been put into place. State laws on this
front are varied, though. But they do not really differ
much when it comes to the principles behind them.
Let us take this opportunity to find out what these
principles are.

Existing collection call laws are on mainly based on
the premise that there was a prior failure on the part of
the debtor to pay the amounts he is due to pay to his
creditor. But take note that is not a hard and fast
principle, since there are creditors who make the collection calls even before the debts are due to
be paid and the debtor is not yet in default. Some creditors may say that this is in no way a form of
harassment but, for all intents and purposes, that is exactly what this is. However, according to the
law (and basic human courtesy), only those who have really defaulted in their payments should be
the ones to be subjected to collection calls.

We can safely make an analogy that collection laws are polite reminders for the debtors to start
repaying their debts since they seem to have forgotten to do so. Debtors may receive premature
collection calls from their creditors and collection agencies. If they are found guilty of harassing the
debtors when the latter are not yet in default and yet the calls are being made, legal redress and
compensation may be sought from the courts. Most of the collection call laws also require that
there first and second collection calls have a reasonable time difference. The debtor would have to
acknowledge receipt of the calls, pay the amount due, or renegotiate with the creditors. This
means the calls could actually stop only at the first one.

It is worth remembering, as we mentioned, that the spirit of the laws governing collection calls
seems to suggest that the calls should only be polite reminders to people who seem to have
forgotten their debts. The collection call laws are not really meant for those debtors who seem to
have no plans of meeting their debts. Use other legal mechanisms for them instead of collection
calls. Another principle that must be followed concerns the wishes of the debtor. If the debtor asks
for a cessation of the calls, the creditor or the collection agency should immediately stop making
the calls. There are no hard and fast rules as to what the debtor should do to make the calls stop.

Sometimes, it is enough that there be a written request from the debtor addressed to the creditors
and the collecting agencies. But if the debtor takes advantage of this right, he may suffer some

consequences. But this is basically just so the debtors would not be harassed by the creditors and
collecting agencies, especially if they make the collection calls constant. The debtor has a right to
be protected from harassment, which is why he is granted the right to ask for the collection calls to