HOW TO DEAL W/ DEBT COLLECTOR PHONE CALLS

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How to Handle Collection calls ;

 

This is just the Very bare basics for those who have never dealt with a Collection agent before.

 

There's far more advice on the forum below, and more links in the resources forum for state and federal laws regarding debt collection.

 

First off, it's important to understand your basic rights and what the Debt Collector can and can't do.

 

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read the FDCPA links above for a full list - but in short;

 

 

They may not harrass, abuse or make threats.

 

They cannot threaten of use of violence

 

They cannot use obscene or profane language

 

They cannot threaten to call or actually your employer or neighbors or relatives and tell them about the debt.

 

They cannot call you before 8 am or after 9 pm or cause the phone to ring continuously

 

They cannot threaten legal action - unless they actually have the right to do so.

 

They cannot impersonate an attorney

 

They do have to send you a formal letter within 5 days after the first contact ( after you answer the first call. )

 

 

If you are getting calls from a CA who is threatening a lawsuit and,

 

says that They are going to file a lawsuit unless you make payment arrangements right now and,

 

states that they are going to send the sherriff to your house or take all your belongings, or going to file a a judgment against you,

 

 

 

They are probably trying to get you to make a partial payment to reset the statute of limitations on an very old account.

 

 

It is illegal to make threats and try to get you to make a partial payment to reset the SOL on old accounts.

 

If they won't give you an address or a name of the collection agency, then tell them that you have no choice but to believe that this is a scam call, and;

 

that you are going to file a complaint with your State Attorney General and the FTC, unless they send you the FDCPA required letter within 5 Days after first contact.

 

Tell them you will respond in writing once you have the letter and an address to send it to.

 

 

If they are stating that they are an attorney, ask for their state license # , and what state they are licensed in?

 

if they won't give that information, state that you are going to file a complaint with the State Bar Association for impersonating an attorney.

 

 

Tell them if they prove in writing that this is legit account, and that they have a legal right to payment, that you may possibly offer an arrangement to pay this off, but;

 

Never Admit to an account over the phone - it may not be your account or it may be past the Statute of limitations for legal action.

 

Ask them for the orginal account # and original creditor name for anything they are attempting to collect -

 

tell them you have to check your records to see if this is an account of yours, and don't call them back if it is - send a DV letter after you recieve thier letter.

 

Never, ever, make a payment arrangement over the phone with a CA/JDB.

 

Never give your bank account information- state that you never give this out over the phone to anyone

 

Always insist that payment agreements be in writing, and approved by the creditor they are collecting for and signed by everyone.

 

with a fixed amount of payments to settle this in full.

 

and no, you won't give any automatic payment authorization so they can access your bank accounts.

 

 

If they CA won't let you get a word in edgwise, let them run their mouth until they are thru with the spiel.

 

Then tell them you expect a letter as required by the FDCPA within the week and hang up.

 

 

Every State in the Union now has a website - access that and find your State Attorney General's website, they usually have a

 

consumer section regarding debt collection and advice regarding state collection laws and agency licensing, or where you can find that information /advice.

 

 

This is a locked topic - if you have questions regarding a specific call or a collection agnecy or junk debt buyer, please start a new topic/ thread below in the credit forum.

 

IF you have been served with an actual court summons, start a thread on the "Help I've been served" forum.

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