Federal Government Considering New Debt Collection Rules

For the first time in nearly 40 years, the Consumer Financial Protection Bureau is proposing new rules that govern debt collection in an effort to clamp down on alleged abusive collectors. Debt collection is a multi-billion dollar industry. According to the Urban Institute, one in three American adults have a report of debt in collections. That equals to over 77 millions Americans. The average debt owed is over $5,000 and typically involves a credit card balance, medical or utility bill more than 180 days past due. The CFPB has fielded over 250,000 complaints since 2011. According to the CFPB, the safeguards suggested are those that debt collection companies frequently ignore, raising the specter of the prototypical company aggressively chasing customers. The rules should also bring some consistency to what is now a hodge-podge of local, state and federal rules and regulations. Under the proposed rules: Collectors must confirm consumers’ names,

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Collecting an Unpaid Debt in New York

New York debt collection requires street smart, a proactive game plan and the assistance, often, a debt collection lawyer in New York.  The following is the NY basic debt collection legal jargon that you should know. A creditor is a person or entity to whom money is owed.  Normally, a creditor gives something of value to a borrower (money or services) in exchange for a promise that the borrower will pay them back.  In most cases, repayment is accompanied by an additional payment of interest.  Examples of creditors include credit card companies, banks, or any other person or company that lends money.  However, other businesses, such as medical professionals, lawyers and accountants are creditors when they provide services in exchange for a promise to pay. A secured debt is a debt or loan that is guaranteed by collateral.  Collateral is an item of value that the creditor takes as payment if

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Collecting Unpaid Invoices in New York: New York Collection Law Basics

Forbes has a great article on best invoicing practices.  The Forbes article noted, in part, that: “First, standardize your business practices. Draw up a contract for every job, every client, every time. A contract should include a description of the work, payment information, and payment schedule. This will also help clients feel comfortable that you will uphold your end of the deal, as “deadbeating” can go both ways. Decide how to accept payment– many professionals suggest taking a down-payment (up to 50%) before the start of any project, and collecting the balance upon completion, before turning over any goods or services to your client. Take action! Bill your clients on time and address non-payment immediately. Send a late payment notice notifying them of the date you will follow up with legal action. Within your area’s statutory limits, pursue non-payment in small claims court, or work with a collection agency or

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