When you’re trying to collect money, positive comments and professionalism can go a long way. Particularly for consumer debts, you need to be careful about legal restrictions on when and how you make contact. For example:
- Don’t say you’re going to sue the debtor if you don’t actually intend to file a lawsuit if you don’t receive payment.
- Don’t talk to third parties about the debtor’s account.
- Don’t threaten or harass a debtor.
- Don’t try to collect debts directly from a debtor who has just filed bankruptcy (see last month’s article).
- Don’t threaten debtors with criminal charges if they don’t pay the debt.
- Don’t contact debtors directly if you know they’re represented by a lawyer in relation to the debt you’re collecting.
The FDCPA and other consumer laws limit the times of day for collections calls, limit the number of times a call may be placed, restrict the people who can be contacted about a debt, restrict what you can do if you’re asked not to call again, and the list goes on. Mistakes can get you sued.
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Have questions about Michigan debt collection, or ready to file a claim? Reach out to the Mullers at (248) 645-2440 or submit a contact form here. If you need a second opinion, check out reviews from our clients!