Page 105 - CARS Standard Program

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