Learn More About The Principles That Govern Collection Call Laws
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. However, the principles behind these laws are basically the same and there really isn't that much of a difference. We now venture to examine the main principles behind these laws.
We have a situation where one of the main principles behind most of the existing collection call laws is the one where a debtor has to have genuinely fallen behind in debt repayments, before the calls are initiated. The fact, however, that there are creditors who call the debts even before they are due and the debtor has not even defaulted on a single payment make this principle quite subjective. This can border on harassment, but some lenders obviously don't see it that way. Courtesy - and the law in many cases - does, however, demand that these collection calls be reserved for people who have truly defaulted.
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. Should the debtors feel that they are being harassed by creditors and collection agencies who are making premature collection calls, the debtors are entitled to be compensated for the stress they have been subjected to. Collection call laws also require that a reasonable amount of time should lapse after the first collection call before the second one be made. The debtor would make use of the time lapse to do what is necessary to make sure no succeeding calls to him would be made. He could either make the necessary payments or come up with more workable terms with the creditor.
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. Collection calls are not really what should be used on debtors who are intent on evading their debts altogether. There are other, more persuasive, legal mechanisms for them. Yet another important principle behind most of the existing collection call laws is the one where the creditor or the collection agency actually has to stop making the calls, upon being requested to do so by the debtor. The debtor's action in this regard doesn't have to be elaborate.
A simple letter to the creditor or the collecting agency requesting the calls to stop would suffice. But if the debtor takes advantage of this right, he may suffer some consequences. But this is simply so the debtor would not be continually harassed by the creditor or the collecting agency making the constant collection calls. The granting of the debtor's request to have the collection calls cease is basically to protect his rights from harassment.
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