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fair debt collection
First, before any debt can be collected on, the person trying to collect must verify that they are legally entitled to collect the debt. Verifying debts includes determining who the debt really belongs to, and ascertaining the true monetary amount of either the personal or business debt owed. Past due alimony, child support, fines and unpaid taxes, are always handled by Government and not by private individuals and Collection Agents.
A Collector, whether a private individual or Collection Agent, may not ever try and collect more than what is owed for any given debt. Making contact with a debtor may be done in person, via telephone or letter or all three. A Collector must however; observe standard business operating hours for contacting debtors, usually between 8am and 9pm. Further, calling an individual repeatedly at work, or calling their family or neighbours in an attempt to get them to come to the telephone is also prohibited.
If an individual or business entity refutes a debt, a Collector must give them time to produce their paperwork. If a debtor can produce documentation showing partial or full payment of a debt, or that the debt does not in fact belong to them, a Collector must adjust the debt accordingly.
Under the Fair Debt Collection Practices Act, any Collector is prohibited from making threats to a debtor of any kind, telling third parties about their debt, making harassing telephone calls, or threatening a debtor their family or friends.
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