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Fighting Back Against Debt Collectors

Friday, April 2nd, 2010

You are late with your bills, trying desperately to devise a plan to pay off the debts that you owe and then the phone calls start. It might be one or two a day at first but eventually you find that the debt collection calls are becoming more insistent and when you answer, you find that the voice on the other end becomes more threatening and even harassing. You don’t have the money they are demanding be paid in full right on the spot and they want to argue.

So what do you do when you have debt collectors on your back and you are not capable of meeting their demands? Here are some tips to help you fight back when confronted by a less-than-cordial debt collector who will do anything to make their commission:

Hang Up The Phone When the calls start becoming more than you handle because they border on abusive, hang up the phone. There is no point even arguing with them. If they are not able to maintain a decent level of communication to resolve your payment problems, you will get no where by arguing your points. It’s a waste of time and energy.

Figure Out What You Owe Being in debt can be overwhelming and the tendency to push bills under the rug is understandable – but far from the right thing to do. When in debt, you need to regain control of what is going on in your financial life. Collect all of your bills and sort them in the order of priority. While the debt collector who is trying to collect on an unpaid credit card bill will likely tell you that his bill is the most important, the reality is your family needs shelter and food. You need to list and pay all of your bills by priority, including your mortgage and so on down the line. Making this list will not only help you understand how much money needs to go where – it will also help you get a handle on how much you owe and to whom.

Know Where You Stand There are rules and regulations that govern what a bill collector can and can’t do. You need to get up-to-date on the policies issues by the Federal Trade Commission regarding debt practices. You can find more information here. Also, check with your state’s Attorney General’s office for the state-specific rules where you live.

Make Sure the Debt Is Legitimate There are many cases where debts are transferred from one agency to another and no one really knows what is going on. Before taking any action, make sure that the debt they say you owe is legitimate. In some cases, consumers are harassed over a debt they no longer even owe. If this is the case, make copies of all of your paperwork confirming the debt as paid in full and send it in a certified envelope to the debt collection agency who has been calling. Request a copy of a “paid in full” notice from the agency and the original debtor. Follow up until you get one.

Contact The Debt Collector If you are getting repeated calls about a debt you know you rightfully owe, contact the debt collection agency and request to speak with a supervisor/manager. Advise the contact that you are being harassed by a company representative and explain that you are aware of your rights under the Fair Debt Collection Practices Act. If the supervisor is still uncooperative, politely disconnect.

Keep Records/Document The Abuse If contacting the debt agency did not end the harassing calls, take measure to document the abusive phone calls. Record the dates and times of the calls, as well as a description of what transpired during the call. If it is legal in the state in which you live, record the phone calls that occur between you and the debt collector as proof of the harassment. Keep all documents you receive concerning the debt. Always remember to get the correct name of the debt collector you are speaking with each time.

Consult With A Lawyer If you have gotten nowhere with stopping the ongoing harassment, contact an attorney who specializes in debt collection laws in your state. They will be able to help answer questions about your debt collection rights. Best of all, once you have secured an attorney, the debt collector is no longer allowed to contact you directly but must do so through your attorney. Let the debt collector know in writing that your matters are now being handled by a lawyer or confirm that your lawyer will be following up with the debt collection agency placing the calls.

Tisha Kulak Tolar is a writer for LeaveDebtBehind.com where she regularly writes about debt consolidation, getting out of debt, debt settlement and saving money.

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Fighting Back Against Debt Collectors

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