Credit card debt collectors do not just make casual phone calls; they are working hard to get you to pay your money. Collection agencies have been known to call several times throughout the day, since each bill you owe might be handled by a different agency.
How to Deal with Creditors from Credit Card Debt Collection Agencies
There is a variety of ways to handle a credit card debt collection creditor when they call. This first thing to remember is to remain calm. Many people tend to be overly stressed and become angry at the caller. In some instances, as with an overly aggressive credit card debt collection creditor, this may be appropriate. However, the majority of the people you will receive calls from are just like you, attempting to do a job.
Always track calls from creditors. Tracking means writing down the identification number and name of the person who calls you. You should also note the account number and client for the debt they are seeking payment for and the name of the credit card debt collection agency from whom you are receiving the call.
The client for the credit card debt collection agency would be the credit card issuer and also write down the date and time they call. Keep this information in your records with the credit card information. You should receive a call no more than perhaps twice a month.
If you begin to receive calls on a daily basis or even calls many times throughout the day, it would be appropriate to tell the debt collector on the line that such excessive calling warrants a charge of harassment, despite their right to call you in an effort to have you pay off debt you owe.
Many debt collectors who call speak with you in a calm, respectful manner and you should go ahead and explain to them just why you have not been able to pay of your debt. Sometimes explaining a little bit about your situation can get them to set up a payment plan in an effort to help you eliminate your debt. Even if this is not the case for you, remember to assure the debt collector that you will be doing everything you can to get your debt paid off soon.
Credit Card Debt Collectors
When you fall behind on payments, you start getting phone calls and letters. That's the way it works and if you owe the money you can't pretend that you don't. But there are limitations on what a debt collector can do and what method they can use to contact you. You can stop harassment or illegal methods to collect debts.
There is a law called the Fair Debt Collection Practices Act and it protects you from abusive or harassing practices from third party debt collection agencies. Debt Collection agencies often buy debt from creditors. They usually pay pennies on the dollar and then start trying to collect the original amount and then some. There are also Debt Collectors who work on a commission basis, which means they get a portion of whatever they collect.
That's a big part of the debt collection problems, these "bad debts" are sold and marketed and even when they are incorrect or false, they appear again and again. That's why it is so important to keep documentation when any debt is settled or incorrect. You might need that information again.
Both Federal and State laws prohibit many annoying and abusive collection methods. Your state may have additional consumer protection laws and you can find out by doing a search with your state and consumer protection laws. It's important to know your rights and exercise them when necessary.
Usually the first point of contact will be a letter or a phone call from the debt collector. It's important to obtain some basic information about the debt and the collector so don't ignore or hang up. Here's the basic information you want to know (and write down for future reference):
-Name of the creditor
-Amount of the initial debt
-An explanation of any penalties or interest
-An explanation of your rights
-Contact information (name and phone number) of the caller
If the first contact is by phone, the debt collector must provide this information in a letter within 5 days of the phone call. If this debt is incorrect or has already been resolved you need to document all the details and mail to both the collection agency and the original creditor.
If the debt is real, you still have options on stopping the collection agency. Here are the Federal stipulations; your state may have additional rules.
-Collection agencies are prohibited from calling you between 9:00 PM and 8:00 AM
-No abusive or threatening language can be used
-If you don't want to be contacted again, write a letter to the agency and it must stop
(they can include one more letter)
-If you have a lawyer write the letter, the agency must then communicate only with them
If the debt collector or agency does not abide by these rules you can take legal action against them. But make sure you have the documented proof. You can also check with local free legal services. Many will represent you and take the case on for no charge to protect your rights.
If there is a valid debt, the collection process does not stop when you stop the harassment type collection attempts. The collection agency can take you to court and if they win a judgment, then they have the ability to place liens on your personal property (not all property – check local laws) and even garnish wages.
The best bet is to come to some type of terms to repay the debt. Payment plans are usually an option that both parties can agree to if necessary. Don't ignore the debt since the creditor or now the debt collection agency does have a right to pursue this in court.
Debt collectors cannot harass or use illegal or abusive tactics. But you still need to deal with the debt if it is a legitimate claim. You can stop the harassment but you should still address the debt issue and try to resolve it.
Both William Blake & John Dow are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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