Exactly who is trying to get me to pay up? The Fair Debt Collection Practices Act was created in the 1970s and provided a good amount of protections for consumers. There are strict rules and regulations that a debt collector must abide by, and if any of these regulations are violated, there’s a good chance that you could sue that agency. But what about that friend of yours who owes you five dollars? Do you have to grant them thirty days to refute the claim? Clearly, you do not.

The point is that the Fair Debt Collection Practices Act applies to debt collectors, and only debt collectors. Take a look at Morency v. Evanston Northwestern Healthcare Corp, a district court case in Illinois from 1999. In an attempt to collect debt, a hospital issued and sent out pre-collection notices, which is a no-no for third party collectors. But the court ruled that the hospital was merely a creditor, not a collection agency, so the FDCPA did not apply to it.

Courts consider a number of factors to find out whether the creditor should be considered the actual debt collector. A collection agency’s participation in the actual debt collection would have to be small. Is the collection agency only mailing service? Do the letters say if the debtor does not pay the debt will be referred for collection? Is the collection agency paid only for sending letters, rather than commission?

If the collection company doesn’t get any payments or forward any payments to the creditor, this is suspicious. If the person who owes money fails to respond to the letter and the collection agency has no further contact with the debtor, or if it does not get the files of the debtors, they probably aren’t going to be considered debt collection agencies.

The lesson you should walk away with is that it is important that you know who you are paying your money to. It’s always wise to be vigilant when it comes to your finances.

Mallory Megan works for a debt collection company. Also she writes articles on business, finance, consumer spending and collection agencies. You can get a unique content version of this article from the Uber Article Directory.

Life can throw you curveballs. No question about it. Whether it’s unemployment, unexpected medical bills or student loans, or an accident, sometimes people fail to be able to handle their financial commitments. If one of these problems arises in your life, how can you repair your finances without losing your home? Here are six options to consider.

1. Look carefully at the cause of your debts. What is really causing your inability to pay your debts? There may be something you can do about that, perhaps take a second job or apply for assistance. Especially in the case of student loans there are many different avenues to acquire government or other assistance. You should also take a look at your spending habits, and make sure there is nothing to fix there.

2. Have a conversation with your creditor. Your creditor never wants to take your property; it’s worth more to you than it will ever be worth to them. Your creditor wants you to repay as much of your loan as possible. If you come clean with your troubles and the reasons behind them, they may be able to help you with bankruptcy alternatives.

3. Pay high interest loans first. Many people, in addition to being behind on mortgage payments are also behind on credit card payments. You should do your best to pay off high interest and overdue balances first. This not only gets you free from the highest interest loans, it gives you and your creditors confidence that you are willing, able, and ready to pay back your loans.

4. Know your rights and your options. If you’re in debt, you have many rights that you may not know about. There is a statue of limitations on debts in many states, and you have protection from creditors unduly harassing you. Check out the FTC’s website for more information, and make sure to read the Fair Debt Collection Act.

5. Find yourself a debt counselor. Most states offer some sort of free debt counseling services. These people can help you navigate the minefield of debt relief. They won’t try to sell you anything (if they do, then they’re not really a counselor), but rather help you set up a payment plan, budget your money, and teach you about the different options you have.

6. Don’t fall for foreclosure scams. There are literally thousands of people who are ready to take advantage of your position. Don’t fall for it. Whatever you do, don’t sign your property over to a third party. Take your time, shop around for a reputable company, and make the best decision for you.

Good luck, and remember, no matter how things end up, you can always start with a clean slate in a few years.

Are you in financial trouble and looking for the best advice? We’re here to provide free, high-quality information to you. Don’t make any deals with your debt collectors until you’ve educated yourself. We will show you how to find the best debt relief strategy for you.