Consumer Debt Collection Help
Debt collectors contact you because they believe that you owe a company they represent a debt, usually one that is several months behind in payments. The best way to defend yourself against debt collectors, apart from paying your bills on time every time, is to arm yourself with information. By knowing your rights and learning what to do when debt collectors call, you can face the situation more confidently.
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Know Your Rights
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The federal government of the U.S. enacted the Fair Debt Collection Practices Act in order to protect consumers against abuse meted out by debt collectors. Individual state and local laws governing debt collections may also apply. Under the FDCPA, debt collectors may not contact you at inconvenient times, such as before 8 a.m. and after 9 p.m. Additionally, they must not use abusive language, make threats or harass you at your place of business. Furthermore, if you request that they cease contact with you, whether orally or in writing, they must stop contacting you. Exceptions to that rule include the debt collector notifying you in writing that they are ceasing contact, or serving you with legal papers, such as a court summons regarding a lawsuit.
Keep Records
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Get everything in writing. Sometimes debt collectors may contact you about a debt that you do not believe you owe. In such a case, ask for proof in writing that the debt is really yours. If you agree to a repayment plan with a debt collector, get that information in writing before you make a single payment. Resist pressure to make immediate payments without getting the terms in writing first. Your payment is your leverage, and if you pay without having the terms in writing, an unscrupulous collection company can claim that you agreed to completely different terms than you remember. Take notes every time you speak to the debt collector, and include times and dates on those notes to make them as specific as possible.
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Other Information
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If possible, record your phone conversations with debt collectors. This can ensure that they treat you fairly, since people are less likely to act inappropriately if they know they are being recorded. Check state and local laws regarding the recording of phone calls. Some states allow phone calls to be recorded without notifying the other party, while some require that you must notify the party that you are recording. Gather contact information from the debt collection company, including a mailing address, phone and fax numbers, the name of the company and the name of the person handling your account. Keep this information in your records as well.
Complaints
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If you feel that a debt collector has wronged you and violated either the FDCPA or your local laws regarding debt colletion, contact your state attorney general's office. Explain the situation, and provide the documentation you have from all the records you have kept over the course of your ordeal. Your state attorney general's office will then be better equipped to inform you what legal recourse, if any, you have in your particular situation. File a complaint with the Federal Trade Commission as well, so that it can investigate debt collection companies about which it receives serious and well-documented complaints.
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