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The Civil Way to Deal with Rude Debt Collectors

December 21, 2015 by editor

The debt collector

They are a breed all their own. It takes a special kind of person to take this kind of job. The worst kind of debt collector is the rude kind. Therefore, here are some ways to deal with the rude debt collectors should you ever have to encounter those special kinds of people:

deal with the rude debt collectors

[Read: How To Utilize Debt Management To Stop Collection Calls]

1. Familiarize yourself with the Fair Debt Collection Practices Act.

There are certain things that creditors are not allowed to do when trying to collect a debt. One of those things is that they are not allowed to call you prior to 8 a.m. in the morning or 9 p.m. at night. They are not allowed to continually call you to annoy you, or call you at work once you tell them to stop. To fully prepare yourself, knowing what is in this Act so you know how to deal with rude debt collectors that may step over the line, just click on this link: know your rights.

Once you are equipped with the knowledge of the Fair Debt Collection Practices Act (FDCPA), it is time to get prepared to conduct the battle of the intellect. This really isn’t that hard at all.

  • Just remember to keep your emotions restrained.
  • Debt collectors are trained to get results.
  • Have a notepad and pencil ready by the phone to take notes

2. Taking Control When Dealing with the Rude Debt Collector

Now here is where you show him or her who is really the one in control. When you answer that phone and realize you have to deal with the rude debt collector, again, just stay calm.

Sometimes the debt collector will ask if there was a reason that the bill hasn’t been paid. It is your choice to give a defense. Most of the time, when dealing with a rude debt collector, or any debt collector, this is a tactic to put you at ease so you will open up and talk more freely.

Pick up that pencil and ask:

  1. him or her to repeat their name, spell it, if necessary
  2. the company they represent, again, spell it, if necessary
  3. and anything else, including what they say you owe
  4. how long they say you have owed that debt
  5. Their companies address* (you may need this)
  6. the account number, etc.

Conduct that call like a business call.

Now, since you know the rules that this debt collector should be abiding by, you will know when and if the line has been crossed. They know what they are not allowed to do, they just don’t think you do. The things that you need to write down if you feel like the debt collector is getting out of hand are:

  • Threats
  • Harassing remarks
  • Garnishments
  • Swearing

3. When the Rude Debt Collector Doesn’t Understand the Word No

Sometimes, when you deal with rude debt collectors, they just don’t know when to give up. They call you outside of the allowed hours, they call constantly, they call your friends to track you down, or worse- leave a message on your friend’s machine (which is a major no-no), and even call you at work. You know you will have to take the next steps.

If you accidently pick that phone up after they have been harassing you all the time, just set the phone back down. That’s right. Hang it up. Do not bother picking it up again if it rings again right away.

You can request that the debt collector stops calling you, but I suggest that you make sure that you have their address, first. This is because you have to make a request in writing.

If you like to be one-step ahead of them, you can have a letter all ready to be sent and upon their call, tell them on the phone that you are sending them the letter, if there is anything more that they would like to discuss, now is the time, otherwise there is no need to call again. This prevents them from calling at a later time to let you know what they plan to do next because you have already asked.

4. Your Other Options When Dealing with Rude Debt Collectors

There are other options when you deal with rude debt collectors that will cause less contact between you and the creditor.

Option 1. Disputing the Debt

You will have to make this request in writing. You do this by writing a ‘Debt Validation Letter.’ This stops all collection activity until the debt is validated. When you get proof of the debt, you can then check to see if it is passed the statute of limitations in your state. Each state has a statute of limitations.

There is one caution that you need to be aware of here. Do not admit to owning or paying the debt, you just want validation and find it is passed the statute of limitations. The clock could start running on the debt for seven years and six months from the time you admit or promised to pay.

Option 2. Find an Attorney

Unfortunately, sometimes when we deal with rude debt collectors, it can cause health problems because of their harsh tactics. Some people just can’t handle that kind of stress and end up in the hospital with stress-related health problems or worse. At that point, or before, when you know they are stressing you out, it is reasonable to look for an attorney. There is no shame in it. Rude is rude.

Option 3. Report Them!

There is a time to say enough. The Federal Trade Commission and Consumer Financial Protection Bureau are there to enforce the Fair Debt Collection Practices Act. There is a list of collection agencies no longer in business because they have gone too far. If you feel like you have been dealing with a rude debt collector for a little longer than you would like, and you feel that the line has been crossed.

[Read: The Facts about Confronting Debt Collectors]

How do you deal with rude debt collectors?

Filed Under: personal finance Tagged With: Deal with Rude Debt Collectors, debt collectors

The Facts about Confronting Debt Collectors

January 3, 2015 by editor

If you are being harassed by a debt collector, it is important that you know that you do not have to deal with being threatened for money you aren’t even sure you owe.  Everyone has rights according to the Fair Debt Collection Practices Act, or FDCPA, and you should be prepared to make good use of them.

When it comes to confronting debt collectors here is some useful information that you should be sure to take note of.

Sign-saying-end-of-debt-zone-150x150

Best Ways to Confront Debt Collectors

When people think of collection agencies, nobody thinks of nice people.  There’s plenty of information you should be aware of to prepare yourself for confronting debt collectors.

  • Don’t feel like you are required to respond to their calls.  If you refuse to interact with them, it will be very difficult for them to bother you.
  • Written correspondence is the ideal method to contact them. If you do need to confront a debt collector, you will have written proof of any unlawful threats.  Send them a letter via certified mail with return receipt, so they cannot claim that they have not received it.
  • If you want a specific person to stop contacting you, get their information and confront the collector directly, asking them to cease all contact.  You can also direct them to your lawyer if you have one.  They can still contact you to let you know that they will stop contacting you, but after that you should not receive any communications from them.

Your Rights When It Comes to Debt Collection

Though things may get intense when it comes to confronting debt collectors, there are many rights that most people are not aware of.

  • Collectors may not contact you early in the morning or late at night.  You are also within your rights to forbid them from contacting you at your job.
  • It is your right to request a written document explaining exactly what you owe, to whom and what the options for paying it off are.
  • If the debt collector is stating that you have multiple debts to repay, first make sure that the claims are real before you decide to pay them off.  If they are, it is your right to choose how much money to apply to each debt.  A debt collector cannot choose how your money is distributed between the debts, and if you have confronted the collection agency and are in the midst of disputing the debt, they cannot apply any payment to it.
  • If a debt collector is persistent and ignores your demands to cease contact after you have confronted them, you are able to file a suit against them.

Your Obligations Concerning Debt Collectors

Although debt collectors can take advantage of people, it is important that you do not ignore any claims, as the ramifications can be very serious if they end up being legitimate.  Consider these ways of keeping yourself protected and be aware of your own responsibility when it comes to debt.

  • Be sure that should a collection lawsuit be filed against you, you respond as soon as possible, even if you are not sure if you legitimately owe the debt.  Even if you have had bad experiences with confronting debt collectors in the past, it is imperative that you take immediate action.  If you fail to take action, you may find yourself facing jail time.  When served, you should receive a packet that will contain your court summons and the details of the complaint.  It is advisable that you contact the court right away and verify that you have indeed been summoned.  There will be a deadline to respond.
  • You will have to agree or disagree to each individual item that is listed in the complaint.  Should you disagree, you will need to state why.
  • Ignoring the complaint will cause you to automatically lose the suit, and your debt collector will win.  This could be incredible risky, as debt collectors are able to take extreme action to acquire the money from you.  A levy might be placed on your bank account, or your wages may have to be garnished to repay the sum.  There will be no escaping payment of the debt, as your employer may have to provide part of your paycheck directly to the debt collector, or your bank may provide part of your account without your express permission.
  • Should you fail to appear in court, a judge may issue a warrant and have you arrested.  Not paying fines will also be risking arrest.

Conclusion

Be sure to remain aware of all your responsibilities and rights when it comes to dealing with and confronting debt collectors. Failing to do so may cost you considerably and you may end up dealing with harassment that you could have otherwise avoided.

Filed Under: debt consolidation Tagged With: Confronting Debt Collectors, debt collectors, Facts about Confronting Debt Collectors

New California Law: More Consumer Protection Against Debt Collectors

June 9, 2013 by editor

Consumers in California have reason to celebrate as a new law was passed in their State to protect them against abusive debt collectors.

New California Law More Consumer Protection Against Debt CollectorsOne of the causes of debt stress are the abusive practices of debt collectors. Those who are in debt know about their responsibility and that makes it easy for collectors to intimidate them. And if they are not aware of their rights, then it will be easy to bluff them and dupe them into paying even if they cannot afford it.

Recently, the California Senate passed a bill that required debt collectors to submit proof that the person they are calling to collect debt from is indeed the owner of that particular debt. Otherwise, they are in violation of SB-233 Debt Buying.

It is very important that consumers know their rights when they are getting out of debt. Knowledge will be your best asset when you are trying to battling down your debts. For instance, you need to know that abusive practices in general are in violation of the FDCPA or Fair Debt Collection Practices Act. This is implemented by the FTC or Federal Trade Commission. You cannot be threatened or harassed by the debt collectors. By knowing your rights, you will identify any bluffs that the collectors may be throwing your way.

The same is true when you are choosing a debt relief option. Researching on the different ways that you can get out of debt will be your best arsenal against your financial problems.

For instance, if you have enough money for minimum payments and you want to take care of your credit score, debt consolidation is the best way to accomplish that. This debt solution will allow you to make debt payments more manageable because it provides you with a single payment plan. Not only that, this program will help lower your monthly payments. It will free up funds in your budget so you can grow your savings. By doing so, you can be on your way towards financial stability as you work on paying off everything that you owe.

But if you want a bigger reduction, you may want to consider debt settlement that aims for debt reduction. This method involves negotiating with your creditors so they will allow you to pay only a percentage of your debt and have the rest of it forgiven. This is more tricky to accomplish because the collector may drag it out and it will ruin your credit score – although not as much as bankruptcy will. If you opt for this, you need to do more research on the law protecting you as a consumer so that you will not be abused as you try to negotiate.

Both of these will help you but the bottom line is, you have to know which one is best for you. There is no one formula to get out of debt and you have to base it on your financial capabilities. By doing so, you can find the right solution that you can afford and complete.

Filed Under: debt relief Tagged With: California SB233 Debt Buying, consumer protection in California, debt collectors, debt consolidation, debt relief in California, debt settlement

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