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.

Your credit score can be likened to your criminal record. Both will follow you around for a very long time, and both are supposed reflections of the person you are. Only you and perhaps your attorney will know your criminal record. But your credit score can be pulled when you apply for a credit card, or go to get a new car, or even try to move in to a new place.

For those not in the know, your credit score is based on a number system between 300 and 850. A secret formula (OK a mathematical algorithm) will determine what your number will be. Creditors and experts agree that your credit score is said to be a very accurate prediction of how likely you are to pay off your bills.

Your credit score is imperative. If you already have a credit card, the creditor will probably take a gander at your credit score to try and decide whether to decrease your credit limit, or give you a higher interest rate. Those lucky people with the highest scores get the lowest rates.

But don’t wig out yet if you have a low credit score; there are things you can do in order to improve your situation. Most importantly, try to pay your bills on time. Paying late or even worse, allowing a negative account to go to collection can have a negative impact on your credit score. It logically follows that the longer you pay your bills on time the better your credit score will be.

Try to pay off debt rather than just move it around. It’s really the most effective way to help your credit score. Don’t close your unused credit cards. Closing will close the gap between the amount of credit you are using, and the sum amount available. If you have a bunch of credit, and only use a little, its good.

And for the love of God, don’t open new accounts. New accounts aren’t even useful in credit scoring because they will diminish your average account age. Which leads me to my final point. Longevity. Try to maintain your oldest accounts. Longevity has a lot of clout on credit reports, so the oldest account you have is the most available.

Mallory Megan is employed bya debt collection company. Also, shewrites pieceson consumer spending, business, financeand debt collection.