I am not a lawyer, I am a judgment referral expert (Judgment Broker). Please consult with a lawyer if you need legal advice.
Many times it's worth trying to contact a judgment debtor to see if they are willing to pay, settle, or set up a payment plan. Because of state and federal laws, one must be careful when doing so. It's legal to request a sheriff to seize and sell a debtor's vehicle, with no advance notice to them. However, it is not legal to tell a debtor that will happen if they do not pay. Go figure.
Our language is a language of nuances. When we rely only on electronic methods such as texting, twitter, e-mail, etc. we can easily miss the most important parts of the process. As I often say in my leadership seminars, "How you say what you say is more important than what you say." Remember, communication is a process that involves receiving information, processing information and providing feedback to others. With technology it is easy to read a message, process it and provide feedback. Unfortunately, the intended meaning of the message may be missed because body language and emotions are not present on the computer screen. Active listening requires hard work to hear the total message, process it and finally respond to what the other person is saying. When people concentrate on listening, the effectiveness of communication goes up immensely.
Demonstrate concern. Our culture has seemingly moved towards more selfish interests in the past several decades. We have moved away from "traditional values" and dependence upon our neighbors. This societal trend has carried into the workplace. A highly competitive environment that inhibits the atmosphere of concern for fellow employees may exist among middle managers, employees and in the executive suite. Effective communication in this environment requires people to focus on helping others in the workplace.
It is against the law to harass a debtor, to request more than basic location information about the debtor from another person, to tell the debtor's employer or others that the debtor owes a debt (except in the course of wage garnishment proceedings), or to contact the debtor before 8 AM or after 9 PM, or at any inconvenient time or place. If you have questions or concerns regarding permissible debt collection activities, the Federal Trade Commission (FTC) 1-877-FTC-HELP or (1-877-382-4357) can answer your question.
Think. Imagine that you just received an e-mail or text message. You read the message and it makes you angry. While still angry,you dash off a response and send"copies" to several others in your company. Tomorrow, you arrive at work and find another message from the same person and get angry again. This can escalate into a "war" before you know what happened, and all because you failed to think before "sending." Being a good communicator means you think before speaking; whether by computer, text, twitter, in a letter, on voice mail or face to face it is important to carefully think before speaking. Relationships are often strained or broken by thoughtless words. Careers can be damaged by sending thoughtless messages around a company. When dealing one to one, people are usually more careful to think about what they're saying because of an immediate response to the message being sent.
Here are some guidelines, to help keep you from having to pay FCDPA-mandated fines and penalties: 1) Never threaten the debtor, not even with legal recovery remedies. You can say you will have to recover the judgment, but do not say more than that. For example, do not say you will have the sheriff seize the judgment debtor's vehicle. 2) Do not publish or share the judgment debtors information, or that they owe money on a judgment. 3) Unless the debtor is a business (or for legal surveillance reasons) do not visit the debtor in person, except in court, or to take a payment in a well-lit very public places for example, a coffee shop. 4) Do not mail anything to the judgment debtor that shows on the outside that a debt is owed, or that you collect, recover, enforce, or are in any way a judgment or debt recovery entity. Make sure your communications to the debtor stay private and polite. 5) Do not inform third-parties about the judgment debtor's debt. 6) Do not try to look or sound like a lawyer, or say you are from a legal department, if you do not have one. 7) Do not send notices that look like official court documents. When you leave a message with someone who is not the debtor, or on an answering machine, say it is personal or business - do not go into more detail. When you talk or write a debtor, be polite and solution-oriented. Stay firm, yet be flexible is a good policy.
Many times it's worth trying to contact a judgment debtor to see if they are willing to pay, settle, or set up a payment plan. Because of state and federal laws, one must be careful when doing so. It's legal to request a sheriff to seize and sell a debtor's vehicle, with no advance notice to them. However, it is not legal to tell a debtor that will happen if they do not pay. Go figure.
Our language is a language of nuances. When we rely only on electronic methods such as texting, twitter, e-mail, etc. we can easily miss the most important parts of the process. As I often say in my leadership seminars, "How you say what you say is more important than what you say." Remember, communication is a process that involves receiving information, processing information and providing feedback to others. With technology it is easy to read a message, process it and provide feedback. Unfortunately, the intended meaning of the message may be missed because body language and emotions are not present on the computer screen. Active listening requires hard work to hear the total message, process it and finally respond to what the other person is saying. When people concentrate on listening, the effectiveness of communication goes up immensely.
Demonstrate concern. Our culture has seemingly moved towards more selfish interests in the past several decades. We have moved away from "traditional values" and dependence upon our neighbors. This societal trend has carried into the workplace. A highly competitive environment that inhibits the atmosphere of concern for fellow employees may exist among middle managers, employees and in the executive suite. Effective communication in this environment requires people to focus on helping others in the workplace.
It is against the law to harass a debtor, to request more than basic location information about the debtor from another person, to tell the debtor's employer or others that the debtor owes a debt (except in the course of wage garnishment proceedings), or to contact the debtor before 8 AM or after 9 PM, or at any inconvenient time or place. If you have questions or concerns regarding permissible debt collection activities, the Federal Trade Commission (FTC) 1-877-FTC-HELP or (1-877-382-4357) can answer your question.
Think. Imagine that you just received an e-mail or text message. You read the message and it makes you angry. While still angry,you dash off a response and send"copies" to several others in your company. Tomorrow, you arrive at work and find another message from the same person and get angry again. This can escalate into a "war" before you know what happened, and all because you failed to think before "sending." Being a good communicator means you think before speaking; whether by computer, text, twitter, in a letter, on voice mail or face to face it is important to carefully think before speaking. Relationships are often strained or broken by thoughtless words. Careers can be damaged by sending thoughtless messages around a company. When dealing one to one, people are usually more careful to think about what they're saying because of an immediate response to the message being sent.
Here are some guidelines, to help keep you from having to pay FCDPA-mandated fines and penalties: 1) Never threaten the debtor, not even with legal recovery remedies. You can say you will have to recover the judgment, but do not say more than that. For example, do not say you will have the sheriff seize the judgment debtor's vehicle. 2) Do not publish or share the judgment debtors information, or that they owe money on a judgment. 3) Unless the debtor is a business (or for legal surveillance reasons) do not visit the debtor in person, except in court, or to take a payment in a well-lit very public places for example, a coffee shop. 4) Do not mail anything to the judgment debtor that shows on the outside that a debt is owed, or that you collect, recover, enforce, or are in any way a judgment or debt recovery entity. Make sure your communications to the debtor stay private and polite. 5) Do not inform third-parties about the judgment debtor's debt. 6) Do not try to look or sound like a lawyer, or say you are from a legal department, if you do not have one. 7) Do not send notices that look like official court documents. When you leave a message with someone who is not the debtor, or on an answering machine, say it is personal or business - do not go into more detail. When you talk or write a debtor, be polite and solution-oriented. Stay firm, yet be flexible is a good policy.
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