How to Respond to Debt Collector Calls
Posted on : 27-03-2011 | By : James Chavez | In : Debt Consolidation Business Articles
Tags: Collector, Debt Collector
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No one likes to answer the phone and find him or herself talking to a debt collector, but if it happens to you, there are some techniques you can use to end debt collector harassment and get the collection agency off your back.
1. Stay Calm
If you allow yourself to get upset and flustered, you won’t be able to think clearly and you may find yourself agreeing to a deal that you cannot live up to or that is not in your best interests just to end the debt collector harassment.
2. Record All Phone Calls from Debt Collectors
In order to do this, you must tell the debt collector what you are doing. Say something like, “Please wait one minute while I turn on my recorder.” A recording is useful for reconstructing any verbal agreements and for documenting any abuse on the part of the debt collector. View state laws for recording debt collectors calls.
3. Make the Collector Identify Him or Herself and Company
Ask for the company’s phone number and physical address so that you can communicate with them in writing if necessary. Record this information in a debt communications log.
4. Know Your Rights
Federal law states that debt collectors may not “engage in any conduct, the natural consequences of which is to harass, oppress, or abuse any person.” This means that the bill collector cannot use obscenities, scream at you, call you before 8:00 AM or after 9:00 PM, or make threats that he or she cannot carry out. The debt collector also cannot contact you at work if you have asked him or her not to do so. Read the Fair Debt Collection Practices Act and the debt laws for your state.
5. Disputing a Debt
If you believe that you do not owe the debt, or that the statute of limitations on the debt has expired, simply say you do not think you owe the debt and ask the bill collector to provide written information about the debt per the Fair Debt Credit Collection Act. The bill collector has a right to ask you for your correct address and telephone number so he or she can send you this information.
6. Stop Debt Harassment by Stopping Contact
You may request that the collector not contact you at work. You may also request in writing that the agency not contact you again with regards to the debt. Send your letter via certified mail, return receipt requested, so you have proof that the collections agency has received it. Once they have your letter, they are allowed to write to you one more time to explain what follow-up efforts, if any, will be made to collect the debt. They must then cease all further contact. If you are being represented in this matter by a lawyer, you may also write to the company and request that all further calls be referred to your attorney. View sample debt letters here to use as a template.
7. Making Payment Arrangements
The purpose of debt collector harassment is to force you to agree to repay a debt, whether that debt is actually your responsibility or not and regardless of whether or not you can afford the payments. Do not agree to any payment plans over the phone–if the debt collector proposes a deal, request it in writing. Also, be careful not to say anything that might “validate” a debt that has gone past the statute of limitations or that you do not owe.
Debt collector harassment can lead you to make unwise financial decisions as you struggle to appease that unfriendly voice on the other end of the line. When dealing with debt collector harassment, it’s important to keep your cool, record all conversations, know your rights, and make no verbal agreements.
Skip the frustration! Enlist the help of a fair debt lawyer. Having a lawyer means those annoying calls and letters must stop because the collectors must communicate directly with your debt attorney.