Abstract
As the book shows, self-help and debt collection go back as far as the beginning of trade. They are not a new phenomenon, and they will continue to be with us in the future. It is beyond doubt that self-help repossession and private debt collection methods are rampant in practice today in most legal systems, even if not necessarily recognized by positive law or scholarship. However, the lack of recognition raises concomitant risks, for any self-help method has a potential for abuse and this work argued that only by acknowledging the problem can one find a solution.
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Notes
- 1.
- 2.
von Bar and Clive (2010), p. 5614.
- 3.
A Romanian scholar distinguished between what he calls passive self-help (where parties simply refuse to perform an action), which remedies are remnant in any system’s contract law, and active self-help (which implies an active involvement of the party exercising it, the most famous example being self-help repossession), which are to be found mostly in jurisdictions that follow UCC Article 9. Rizoiu (2011), p. 581.
- 4.
King and Cook (1996), p. 7.
- 5.
“The recent increase in reported debt collection complaints is proof enough that the FDCPA is still a necessary shield for consumers.” Akina (2012), p. 150.
- 6.
For answers to criticism that such an act would only increase debt delinquency, see Potach (1978), pp. 922–923, footnote 156.
- 7.
Potach (1978), p. 923.
- 8.
America (2007), pp. 26–27. The League’s call for reformation consisting in providing FTC with the power to write and enforce regulations implementing the FDCPA was answered positively by the Dodd–Frank Act, which granted such powers to the newly created Bureau for Financial Consumer Protection.
- 9.
References
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Stӑnescu, C.G. (2015). Conclusions. In: Self-Help, Private Debt Collection and the Concomitant Risks. Springer, Cham. https://doi.org/10.1007/978-3-319-21503-7_8
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