Debt Collection Agency

Tips for dealing with debt collection agencies

Dealing with a debt collector can easily be one of life’s most nerve-racking experiences. Unwanted calls, threats, and use of obscene language may drive you to the edge. Worse yet, a collector may possibly embarrass you by contacting your boss, family or neighbors. You may even be hounded to pay a debt that is not rightfully yours. Sure, debt collectors have work to do, even so, there are restrictions regarding how far a debt collector may go.

This guide explains the federal Fair Debt Collection Practices Act (FDCPA) as well as other laws that apply to debt collectors. We provide information with regards to how to prevent calls from collectors and ways to correspond with them concerning your account or to dispute a collection action. We also explain your right to privacy, and exactly how debt collection efforts may affect your job, your credit report, even information in your medical files.

Tips for Dealing with a Debt Collector

Learn how the collection process works. Why are you being contacted by a collection agency? It usually means that a creditor hasn’t received payment from you for a couple of months. They’ve negotiated with another company or are employing an in-house affiliate referred to as a debt collector to attempt to get you to pay. 3rd party collectors frequently purchase your debt for less than you owe, and your debt is now owned by the collector. A collector might also work for the creditor in return for a fee or a percentage of any money collected. In-house collectors that are affiliated with the original creditor work on behalf of the company directly. Because the creditor has taken a loss on your account or because you are late with making payments, this adverse information may show up on your credit report.

Another reason a debt collector might be calling you is that an imposter has used your identity to obtain credit, a criminal offence known as identity theft. You are not to blame for the debt, but you may encounter difficulties convincing the debt collector of this. Under federal law, the debt collector has specific obligations in looking into your situation and may be accountable for failing to cooperate.

Understand your legal rights. Learn to recognize abusive collection procedures. Even if you owe a debt, a collector owes you fair treatment and honor for your privacy. Also, be mindful that even if the collector’s conduct doesn’t exactly match the terminology of the federal Fair Debt Collection Practices Act, that collector may still be responsible for its conduct.

Ask questions and learn specifics. Often, the initial contact with the debt collector is a phone call from an agent, a pre-recorded message prompting you to call a mysterious toll-free number, or a letter. When a collector calls or you call back, obtain as many details as possible. Ask for the name of the caller, the collection agency, the creditor, and the address and fax number for sending correspondence. Also, ask about the amount the collector claims you are obligated to pay. During this initial call, you should additionally tell the caller you expect a written follow-up if you haven’t yet obtained a notice in the mail.

Assert your right to privacy. If your first contact with a collector is by telephone, inform the caller that you would like all future contact in writing rather than by phone. You can also tell the collector not to call you at work or at all if that is your choice. Make notes of your initial talk and start to keep a file. It is important to follow-up on these kinds of requests in writing right away. Your letter should include requests about contact or other issues discussed in your initial telephone contact. Note: If you notify the collector to not contact you at all, it is permitted to make contact with you one other time to clarify how it plans to move forward.

Additionally you need to notify and write the collector that you are the sole person to be contacted. Since the agency is well aware of your location, there is no need to get hold of your employer, neighbors, relatives, or friends to determine where you are. If you’re an employer, friend, neighbor, or family member who is being contacted by a collector, you can write to the collector and tell them to stop communicating with you.

Start and keep a file. At the first contact from a collection agency, start a file. Your file should include:

• Times and dates of phone conversations, pre-recorded communications the collector leaves on your voice mail, and when you send or receive communication.
• Notes of conversations in addition to the name of the collection agency employee.
• Copies of correspondence you send, as well as the ones you receive including envelopes. Collectors are supposed to give you written notice of the collection action five days after you are contacted by phone.
• Copies of communications that are abusive or overly intrusive.

There is no set time after which you will never be reached again about a debt. Some debts are sold to other collectors even though being effectively disputed. Keep all records concerning disputed debts indefinitely in the event the debt comes back to haunt you, and you need to contest it again.

Put it in writing. Send any correspondence, which includes disputes, to both the collection agency and the creditor by Certified Mail, Return Receipt Requested. When in doubt, send a written proof of everything which you might need to prove later on (for example, a promise or threat made, a rude or harassing remark acquired, or an explanation given you that might show improprieties in the managing of your dispute or your payments).

Describe payments. If you discuss a payment plan over the phone, ask the representative to mail you the conditions of the plan in writing. You may also compose a letter that explains your understanding of the negotiated repayment plan. Payments made to a debt collector when multiple debts are involved should clearly identify to which debt the repayment is to be applied. It is possible to dispute one debt, but agree to pay back another. Furthermore, any kind of promise to remove or modify reports in your credit history should be recorded for later enforcement.

Pay the appropriate party. Installments should be made to the debt collector and not the initial creditor unless you are specifically instructed to pay the creditor specifically. In this instance, you should validate such instruction in writing to both the creditor and the debt collector.

Don’t be forced. Never pay a bill you don’t owe simply in order to get the collector to “go away.” Any kind of payment of the debt is considered an acknowledgement that you are responsible. Even when you pay, it won’t erase a negative entry on your credit report.

Examine balances, interest charges, and additional fees and charges. Meticulously evaluate the amount you’re being asked to pay. You should ask the collector to show you the sum of the original debt as well as provide you a description of any interest, fees, or charges that have been added. Federal law inhibits a debt collector from charging you any more than the sum you really owe, if not permitted by the laws of your state or the conditions of the initial contract with the creditor.

Make a complaint about abusive collection practices. Under the federal FDCPA, a collector is not permitted to make idle threats, express or implied (for example, “We must get your payment no later than the day after tomorrow”), or use abusive or profane language. A collector should not discuss your account with third parties or use the phone to harass you. Your state might also have a law that sets benchmarks for debt collectors.

Military members should make an appointment with the local Judge Advocate General’s office if contacted by a collector. The Servicemembers Civil Relief Act (SCRA), previously the Soldiers’ and Sailors’ Civil Relief Act (SSCRA), gives protections for military members whose financial life is affected by military service.

Don’t be fooled. Be cautious of advertisements that guarantee a straightforward solution to debt. Debt repair “doctors” and credit consolidators may possibly end up causing you more damage than good. Also, federal and some state laws have “credit repair organization” acts which might restrict the sum that you may be charged and when you can be expected to pay these kinds of charges, even in the event that the individual you contacted is an attorney. These types of laws were enacted because of the number of individuals who preyed on the public’s lack of knowledge by charging them to do exactly what the individual was fully empowered to do themselves. Violation of these types of acts may even comprise criminal activity, and be the foundation for the suspension or cancellation of the individual’s license. The FTC and the IRS are already looking into scam debt consolidation offers.

Seek help, but be careful. Look for help in resolving your debt(s) through a member agency of the National Foundation for Consumer Credit, such as the Consumer Credit Counseling Service. This nationwide organization can easily help you find an affiliated consultant in your area. Do not agree to any kind of payment plan until you have verified the credentials of the counseling service. Some impose extreme fees. Before you choose to work with a counselor, check with the Better Business Bureau.

Seek legal assistance. Some circumstances may call for the assistance of a consumer lawyer. You may sue in state or federal court within one year of breach of the law. Look for legal counsel with experience in the FDCPA and other appropriate federal and state laws, along with an established track record.

Do not disregard a collector even though the debt is not your own. It is in your best interest to respond to a collector immediately. Postponement may mean the collector will proceed to contact you. The collector might even file a suit and get a judgment against you. The outcome can cost you more time and trouble in the long run.