Dealing With Debt Collectors
March 4, 2010
If you want the phone calls to stop, you need to know how to deal with debt collectors. You don’t even have to be late in paying your bills. You could simply have inherited a phone number from someone who owes money. Dealing with collectors can be frustrating, but if you keep you cool and follow these tips, the calls should stop.
First, you need to know you rights when talking with a debt collector. You should be treated fairly, with respect and have your privacy respected. You should never be called names, be threatened or talked to in an obscene manner. You have the right to dispute any debt. You can request to not be contacted at work, at a certain phone number or at a time and place that is inconvenient for you. You can also request that no further attempts to contact you be made.
When you are contacted by a debt collector you need to get as much information as possible. Ask for the name of the caller and the name of the collection agency. Ask for the address and fax number for the collection agency. You should also ask for the name of the creditor and the amount allegedly owed.
Make sure that you write everything down and keep it in a file. Include the dates and times of phone conversations or messages on your voice mail. Include the name of the individual calling and a summary of the conversation. You shouldn’t record the conversations unless the person on the other end knows that he or she is being recorded. You should also keep copies of all physical correspondence that you send and receive, including envelopes and certified mail receipts.
When you are dealing with a debt collector, you need to keep great records. This includes putting everything in writing. If you dispute a debt during a phone call, you should send a letter detailing the conversation by Certified Mail, Return Receipt Requested. If you request to not be called again, follow up that request in the same manner. Many state laws require that you make the request in writing.
You should make the payment to the debt collection agency, and not to the original creditor. In most cases, the debt has been sold and the payments made to the creditor will not be credited to your debt. Make your payments to the entity specified by the collection agency. If you don’t owe the bill, don’t pay it just to make the debt collection agency leave you alone. If you pay it, you are acknowledging it. This will leave a negative mark on your credit report.
If a debt collector makes any threats, expressed or implied, uses profanity or abusive language, discusses your debts with third parties or harasses you, you need to speak with an attorney. Look for one that has expertise in the FDCPA and other relevant laws.
And even if you are not the person the collector is calling for, you should try to respond to the debt collection calls. Don’t just ignore them. Avoiding the calls will mean that you just have more calls. If you are the debtor, ignoring the calls will just lead to a lawsuit and a judgment against you. You will have to pay the debt eventually. Avoiding it will not make it go away.
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