How to Get Credit Card Debt Collectors to Focus Their Energy Elsewhere

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by Matthew Highlander

Most people would simply rather pay their credit card debts than deal with collection phone calls and collection attorney letters. But, what about those who cannot afford to make monthly minimum payments on their credit card debt? Many fall prey to the debt collection industry. Some, however, become educated consumers and use the law to force debt collectors to spend their time with other, less knowledgeable consumers.

Today most unsecured consumer debt that is up for collection is credit card debt. The consumer debt collection agencies and collection attorneys who pursue these debts work on commission. They do not get paid until some money is collected. Time is money for a credit card debt collector.

Over the last 30 years the credit card industry has grown exponentially and the consumer debt collection business has as well.

Consumer credit went from $133.7 billion of in 1970 to $2.5 trillion of debt in November 2007, according to the Federal Reserve and Business Week.

According to a trade group for the debt collection industry, ACA International, each year debt collectors put more than $40 billion back into the U.S. economy.

There were 173 million credit cardholders in the United States in 2006, According to the U.S. Census Bureau.

According to the American Banking Associate, in the first quarter of 2009, 4.75 percent of bank cards were delinquent.

The point is, there are millions of delinquent credit card accounts to go around to ambitious debt collectors.

The Federal Reserve compels credit card companies to budget for bad debts. The credit card companies usually sell those bad debts after they are written off to junk debt buyers for no more than 10 cents for each dollar of debt. Given that bargain, junk debt buyers do not expect to collect on 100 percent, or even 50 percent, of the accounts they purchase, nor do the collection agencies and collection attorneys who work for them.

If a consumer resists collection attempts (after they learn how to properly do so), it is simply not profitable for collectors to put more time into chasing them for their debt, when they can put that time in getting the easy returns from other people who put up no resistance. The Fair Debt Collection Practices Act (FDCPA) is the key to resistance.

While credit card companies are original creditors not covered by the Fair Debt Collection Practices Act, collection agencies, collection attorneys and junk debt buyers are subject to that federal law. According to the FDCPA a debt collector (Attorneys collecting consumer debt are considered debts collectors by this law.) must notify the consumer in writing of their right to dispute the debt and have it validated. Validation means the collector must send copies of original documentation verifying the debt. The FDCPA also says the consumer can instruct the debt collector to cease collection attempts until they properly validate the debt.

So, who should the consumer debt-collection commissioned professionals spend their time with, those who properly dispute and request validation or those who put up no resistance?

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Posted on Dec 28th, 2009