How Long Does A Debt Last And What Type Of Rules Regulate Debt Collectors?
All debt collectors must abide by the state laws where they are placing the phone calls that regulate collection efforts, and for a debt collector calling across the country, this all can be very confusing. Oftentimes, collection agents will use software to guide them and help them remember each state’s laws.
But the most important piece of legislation that debt collectors must follow is the Fair Debt Collection Practices Act, a federal law written in 1978 which strictly guides collection activities. Bear in mind that the FDCPA only applies to third party collection agencies, not the original creditors. If a third party collection company buys a debt, then they essentially become the creditors. But, according to law, even if a debt has been purchased, a third party debt collection agency must still abide by the FDCPA.
The Federal Trade Commission watches over the collections industry, and has the capacity to punish collection companies for violating rules of the FDCPA. However due to the fact that they are so busy, the FTC generally doesn’t get involved with general consumer complaints. Only after they receive a substantial amount of complaints against one particular agency will they notice a pattern that could lead to action against it.
If a debt is sold to a third party collection agency, this does not make the debt “new” again. There is a seven year credit reporting time limit that is based on the date of the original delinquency with the original creditor. The time limits for filing lawsuits are also founded on this same date.
After these statutes of limitations run up for filing lawsuits and credit reporting, a third party collection agency can still send out letters and make phone calls about the debts. Someone may question why a debtor might pay back a debt if they are not faced with a negative penalty, and the reason is usually that they are not aware that the debt has an “out of statute” status.
Mallory Megan works for Rapid Recovery Solution and writes articles on commercial collection agencies. This article, How Long Does A Debt Last And What Type Of Rules Regulate Debt Collectors? is available for free reprint.
July 30, 2010 | Posted by Mallory Megan
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