Fending Off Debt Collectors

September 21, 2009 | Category: Financial
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A distressed woman with definition of money overlayed Debt collector calls are on the rise and so is the frustration level of many individuals.

As unemployment increases, fewer people are able to pay their bills. Debt piles up. And debt collectors will predate on those who they can unfairly accuse of owing money.

Complaints to the Federal Trade Commission (FTC) about collection agencies quadrupled between 2001 and 2007. The most common complaints by consumers regarded collection agents misrepresenting the amount of debt owed or, that they did not owe anything in the first place.

In this nightmarish situation, there are many useful steps you can take to determine if you’re being illegally harassed and how you can start getting rid of those pesky phone calls.

  • Talk to the collection agent on the phone. Even though they deliver unpleasant news, the agency will provide you with valuable information: the name of the creditor, the debt amount, the breakdown of penalties and interest, and an explanation of your rights. Remind the agent that you are required to receive a written statement of the information in paper form within five days of the call.
  • Make a record of every phone call to the agency (include date and time), and every document that is involved with the claim. Take the collection agent’s address and phone number to follow up on the claim.
  • If you know that you do not owe this debt, make it a point to send a letter to both the collection agency and the creditor. Include all the supporting documents you can find and request a receipt within 30 days stating that the collection agency received your written notice.
  • Some collection agents will try to harass you to get you to pay your debt. However, if they tell you things such as “You are going to jail if you don’t pay your debt,” or “You have committed a crime,” or if they call before 8am or after 9pm, they are violating the Fair Debt Collection Practices Act. For a full list of what collection agents are NOT allowed to say to you, go to the FTC’S Debt Collector FAQ site. If you are the subject of illegal harassment, contact the FTC and your state’s your state’s Attorney General office to report the incident.
  • If the debt is yours, work out a realistic plan with the collector for how to repay it. Verify that the amount owed is correct. Do not make promises about repayment that you can not keep.
  • If you believe the collection agent has acted illegally towards you, pursue legal action for damages of up to $1,000. Start by contacting the National Association of Consumer Advocates (NACA) to find an attorney near you.

Fending off collection agencies requires planning on your behalf. By knowing your rights, remaining calm, and talking directly with the agency (and, if necessary, a lawyer), you can make this headache go away.

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