Exactly who is trying to get me to pay up? The Fair Debt Collection Practices Act was unleashed in the 1970s and provided many 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 is a good chance that you could sue that agency. But what about that friend of yours who owes you five bucks? 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 is applicable to debt collectors, and only debt collectors. Consider Morency v. Evanston Northwestern Healthcare Corp, a district court case in Illinois from 1999. In an attempt to collect debt, a hospital mailed out pre-collection notices, which is a no-no for third party collectors. But the court ruled that the hospital was only a creditor, not a collection agency, so the FDCPA did not apply to it.

Courts take many factors into consideration to figure out whether the creditor should be deemed the actual debt collector. A collection agency’s participation in the actual debt collection would have to be minute. Is the collection agency a mere mailing service? Do the letters state 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 agency does not receive any payments or forward any payments to the creditor, that is suspicious. If a debtor 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 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 agency. Also, she does stories on consumer spending, business and finance, and debt collection.

Layoffs and pay cuts pushed more people into bankruptcy last year, and analysts say that the situation will most likely not improve until the unemployment issue improves. In Wisconsin, bankruptcy filings raised to 30 percent in 2009. This came on top of a 35 percent increase in the preceding year.

According to bankruptcy lawyers, it is not just firings and layoffs that are motivation to file. It’s the losses of once-regular over time pay and full time status that have left consumers from keeping up with monthly payments that in the past were not an issue to pay.

U.S. Bankruptcy Court information shows that there were 27,413 bankruptcy petitions filed in Wisconsin last year. More than 80% were Chapter 7 cases. Chapter 7 cases annihilate medical bills, credit card balances, and other types of debt. Recent Research by The Associated Press illustrated that more than 1.4 million bankruptcies were filed in 2009, an increase of about 32% from 2008.

And even though bankruptcy wipes out the looming debt and offers consumers a fresh financial start, consumers often remain unemployed and are unable to find employment to get a decent income again.

Even more discouraging, unless the economy improves enough for industries to start hiring, there virtually no reason to hold the belief that bankruptcies will go down in 2010. Experts have noted that home foreclosures will continue to pile up in 2010 because people who previously had adequate credit have lost employment and cannot keep up with payments.

Bankruptcy may seem like a good option to get a fresh start, but it negatively affects your credit report for ten years, rendering you unable to get a car, place of residence, or employment. Before declaring bankruptcy, it is a wise decision to speak with your creditors and see if some sort of repayment plan can be worked out.

Mallory Megan is employed by a debt collection agency. She also composesstories on consumer spending, business, finance, and debt collection.