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There's been a lot of bad press lately pertaining to the ethics of debt collectors. As the owner of a collection agency, I'd like to take this opportunity to respond to such allegations. As a general rule, businesses contract with collection agencies in an effort to resolve recovery issues due to extended lines of credit that have failed to be honored.When not pursued diligently, past due accounts are among the leading contributors to serious cash flow issues that prevent businesses from paying their own bills, or forcing them to go out of business altogether. Businesses depend on earned revenue to thrive, it's essential to the life of the business.As a business owner, I understand the urgency of recovering past due revenue. As a collector, it is imperative that we abide by the Fair Debt Collection Practices Act (FDCPA) standards. The role of a collector is to fulfill our obligation to the creditor and assist them in recovering earned revenue.It is my opinion that collectors also have an obligation to the debtor to assist them in resolving issues they face with their creditors. In all fairness, most debtors do not intentionally dishonor their financial commitments. Debtors are entitled to be treated with respect as opposed to being treated as second class citizens, unfortunately, this isn't always the case. Debtors have the opportunity to register a complaint with the Federal Trade Commission (FTC) if they feel their rights have been violated. For more information on the Federal Trade Commission go to http://www.ftc.gov.Any business, or individual may stop a debt collector from making contact with them by submitting their request in writing. Once a collection agency receives such a request, they must cease all communication with the debtor, except to acknowledge the request and ensure there will be no further contact, or to notify the debtor that the original creditor intends to take legal action. Please understand however, that making such a request does not make the debt go away if the debt is indeed valid. The original creditor still has the option to sue the debtor for the balance due.If a business contracts with a collections agency to pursue collections, their customers have rights mandated by the FDCPA. The FDCPA requires that debt collectors treat debtors fairly, and prohibits certain methods of debt collection. FDCPA rules and regulations do not apply to creditors collecting their own debts.There are precautionary measures a creditor may take to avoid the need for third party intervention. As in all aspects of business, it is important that accounts are regularly monitored and updated. At the first signs of delinquency, the accounts receivable department should make contact with the account to discuss payment issues. The longer accounts are allowed to fall behind, the longer it will take to resolve the issue and bring the account current.In the event a business, or individual anticipates being late with a payment, they too may avoid having their account placed with a collection agency. In such cases, the debtor should contact the creditor and discuss alternate payment arrangements. Contacting the creditor displays good faith, and alleviates any concerns the account will default on payment commitments, thus the creditor will likely be more willing to work out an alternate plan to bring the account current in the most timely manner possible. Communication is the key to conquering uncountable obstacles. In the collections industry the word "communication" may very well be the single most important function in our job description.
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Donna Vestre is the President/CEO of South Coast Revenue, a Recovery Consultants Firm based in Anaheim California. To get more information on Credit and Collections, or to submit an article for inclusion in the "Guest Speakers Lounge" please visit www.SouthCoastRevenue.com
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