Page 106 - Microsoft Word - NEW 2017 Standard Program.docx

An excellent method for handling such assignments is for the Recovery Agent to make
contact with the debtor and advise that he/she is there to complete a condition report and
take pictures for the creditor. The Recovery Agent’s goal is to have the debtor immediately
contact the lien holder to make financial arrangements. The Recovery Agent should then
follow the debtor to a branch office of the creditor or money forwarding entity (Western
Union, etc.) and witness the transaction.

It is also of paramount importance that the Recovery Agency owner and entire staff be
aware that any collection of monies by the staff from the debtor, such as storage fees,
delinquent payments, etc. can subject the business to the entire FDCPA. To avoid possible
violations of the FDCPA, when collecting storage fees, personal property storage fees or
other fees due the recovery agency, a contract (see Forms, Section 13) should be signed
between the debtor and appropriate Recovery Agency staff.

Address Verification; (Residence)
The following procedure is to be used to determine that the debtor’s given address is no
longer correct:
A. The Recovery Agent should make contact at the given address and speak to the
occupant and occupant must declare that they have no knowledge of the debtor.
The Recovery Agent must use extreme caution not to violate federal or state
laws regarding the disclosure of Non-Public Personal information (NPPI) to
third parties.

Example: “Hi, my name is Brad Davis and I’m trying to contact David Smith. Would
you happen to know where he moved to? Do you know him personally? Would
you happen to know where he works or maybe how I might contact a relative?” If the
new occupant does not volunteer their name the Recovery Agent should, before
leaving, say, “Thanks for your time, Mr. (or Mrs.), I’m sorry, what did you say your
name was?”

B. If the given address appears to be vacant, the Recovery Agent should check the
residence electric meter to determine if it is still active and, if possible, look in a
window for a sign of furniture or other indication of occupancy.

C. If the address appears not to exist, the Recovery Agent or office staff should
confirm via post office, law enforcement, fire department and/or computer search.
Always use at least two methods to confirm the address valid or invalid.

If no one is present at the given address, the Recovery Agent should make contact with a
neighbor and attempt to locate a current address for the debtor using the procedure outlined
above.

Address Verification (POE)
When attempting to verify a debtor’s POE, some considerations are: secured parking
(fenced or garage); shift work or specific days the debtor works; type of business; specific
type of work debtor performs; availability of public transportation; and family members