The Principles Governing Current Laws On Collection Calls

Collection call laws are in place so people who fell behind in the payments of their

debts would be protected from being haunted via phone by their creditors and respective collecting agencies. State laws on this front are varied, though. But the principles behind them tend to be more or less the same. Let us take this opportunity to find out what these principles are.

Most collection call laws are in place because a debtor has failed to remain current in the payment of his or her debts, and this should take place before the collection calls have been made. 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. 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. Collection call laws also require that a reasonable amount of time should lapse after the first collection call before the second one be made. During this time lapse, the debtor to whom the calls were made can acknowledge the debt, repay it or make a commitment or plan to repay it, at which point the calls should cease.

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. If the debtors are found to be deliberately evading making the payments, use other legal means. The collection call laws are not meant for them. If you see the laws on collection calls, you will see that most of them respect the desire of the debtors for the calls to stop. Thus, the creditors and the collecting agencies should stop making the calls once they are requested to do so. The debtor does not have to do anything elaborate or fancy to make this happen.

Sometimes, it is enough that there be a written request from the debtor addressed to the creditors and the collecting agencies. This is a way of balancing the odds between the creditor and the debtor, although the debtor would be subjected to possible consequences if he asks for the cessation of the calls. But this is simply so the debtor would not be continually harassed by the creditor or the collecting agency making the constant collection calls. That is the basis for the legal provision that the collection calls should be stopped, once the creditor gets a request to stop making them from the debtor.

by: danielperry

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