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. You will notice that these laws differ between and among states. However, the principles behind these laws are basically the same and there really isn't that much of a difference. This is our chance to learn more about these principles.

Before the collection calls have been made towards the debtor, it is important that there should be default in payments on the part of the debtor. That is one of the main principles of collection call laws. But you can say that this is quite subjective. After all, the debtor may not have even defaulted yet, or the amount of debt is not yet due but the creditor is already calling it. Essentially, this is a form of harassment, no matter how the creditors may argue that it isn't. 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.

If you are to analyze the essence of these collection laws, it is clear that they are only used in order to remind the debtors in a polite manner that they should pay the amount due to be paid, on the date they are meant to be paid. 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 time difference would be when the debtor would be given the chance to make the necessary payments or come to an agreement with the creditor. This would decide whether another call should be made or not.

Collection calls laws provide that these calls are supposed to be gentle reminders to debtors that they have forgotten to make the payments when they fell due. 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. 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.

It can be something as simple as writing a letter to the creditor or the collection agency, requesting cessation of the collection calls. 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 basically just so the debtors would not be harassed by the creditors and collecting agencies, especially if they make the collection calls constant. 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.