I would like to state that not all debt collectors are bad debt collectors. Most debt collectors are good people doing a tuff job. But that said there are many dishonest collection firms out there. And when you're in debt the last thing you want is to be hounded by unscrupulous people trying to get as much money out of you as they can. Any way they can.
Your best defense against dishonest collection firms is knowledge. As the saying goes knowledge is power. I my self have been the victim of Identity theft and have had to deal with a couple of unruly collection firms in my day. So this article talks about some of the things I learned along the way.
First off you should know that the law is on your side. That is the side of the consumer. Federal and state laws are written to protect you from collection scams, dishonest collection firms, protect your privacy and make sure you are treated decently.
Most likely the first question on your mind is how can I stop the phone calls. Yes, you can stop the phone calls. All you need to do to stop the phone calls is to send a letter to the collection firm asking them to stop. It is that simple. According to the Fair Debt Collection Practices Act once a debt collector receives your letter they can not contact you except to say they will stop contacting you or to let you know they intend to take a specific action like a law suite. You should remember that just because they stop calling does not mean that the debt goes away. It's still there, they just stop calling.
Being in debt can be embarrassing. Most people are not eager to have there friends or family member know that they have fallen behind. In general state and federal laws prohibit debt collectors from talking to other people about your debt. In some cases a debt collector can contact other people but only to find out where you live, what your phone number is, and where you work. In general debt collectors are not allow to talk about your debt to other people except your lawyer or with your permission. Debt collectors are also prohibited from contacting you while you are at work if they know that you can't take calls at work.
The next thing I would like to talk about is harassment. Harassment is when a debt collector threatens you, uses obscene language or repeatedly uses the telephone to annoy you. All of these activities are illegal. In these cases it is best that you requested by letter that the agency stop contacting you. If they continue you should file a complete with your states attorney general and the Federal Trade Commission. Your states attorney generals office may even be able to direct you to an advocate who can help guide you through your situation.
Debt collectors are also prohibited from making false statements. A false statement can be when a collector represents or implies that they are attorneys or government representatives or falsely imply that you have committed a crime. A collector is also not allowed to tell you that they are sending you legal forms when they are not legal form or to tell you that forms or paper work are not legal forms when they are. Debt collectors can not tell you that you will be arrested if you do not pay your debt.
Ok so now you have some more knowledge. What can you do with it? First of all you can stop the annoying and sometimes harassing phone calls. You should also know that you can take action against the collection firm.
If you believe that a debt collection agency has violated the law the first thing you should do is to file a complete with your attorney generals office and the Federal Trade Commission. Second you should know that you have the right to sue a collection agency if they have violated that law. You have up to one year after the violation was made to file a law suite. If you win you can receive money for damages plus up to $1,000. You can also recover court costs and any attorney's fees. I am not a lawyer and you should always consult a lawyer before taking any legal action.
Now that you have some more knowledge I hope you will be able to better advocate for your self and help you deal unscrupulous collection firms.
How To Stop Collection Calls
Being very deep in debt is not a good position to be, yet many individuals find themselves in just that position in these economic times, frequently via no fault of their own. When you obtain a loan or a mortgage, you do not count on the possibility that you might be facing a layoff from your job before the loan period ends, or that you might be in the middle of a nasty divorce, or rack up high medical bills, or various other possibilities.
One of the unfortunate things that occurs as you get further and further deliquent in your financial obligations is that you begin receiving telephone calls at home from collection bureaus. These are not normally social calls by any dream you might have, but are really hard, occasionally hinging on rude, with numerous of the callers leaving you with a mental image of the call coming from The Godfather home base.
Assuming your debt load is not yet at the point of looking at filing bankruptcy, you do have another choice, and this choice has literally been beneficial for numerous individuals in this unfortunate position who were not even aware that this option could be used.
That choice is debt consolidation. No, it is not yet another personal loan that you would state to the loan company or bank you are using for the purpose of debt consolidation. While that might be an option, that method is really only borrowing from Peter to pay Paul, and does next to nothing to assist you with your overburden of debt.
Instead, debt consolidation is a program whereby you give all your bills to the debt consolidation company, and they talk terms with your creditors to reduce interest rates, trim payments, sometimes even being able to get late fees and over-limit fees removed.
But the element to remember here is that they do not payoff your loans for you. All your loans are lumped into one package, and you make a single payment to the debt consolidation company every month, and they then make payments to your creditors. If you skip your payment to them, they will not make any payment to your creditors in that month, which may put you in an even harder situation than you are in right now.
The primary advantage to you is that the sum total of your monthly payments is drastically decreased, which has the very advantageous result of providing you some much-needed financial breathing room until you can get your financial act together again. For example, if you were paying out $3000 a month on all your bills, chances are excellent that your single payment to the debt consolidation company could have that payment under $1800 or even less, and still keeping your creditors satisfied. This also is beneficial with your credit score, since from a credit reporting point of view, it appears that you are making your payments on time, which is the single biggest thing you can do to raise your credit score.
And naturally the extra advantage is that when you are making your payments to your creditors each month by your debt consolidation program, you will no longer be those harassing, stressful, embarrassing, and sometimes scary telephone calls from the collection agencies.
Seriously consider debt consolidation and see if it is right for you. Once again, it is very much preferred than the lasting negative results of bankruptcy, and can assist you to get back on the right financial track.
Both Scottie Watts & Maury Klein 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.
Scottie Watts has sinced written about articles on various topics from Personal Finance. If you would like more information on Credit law, Credit reports, Credit fraud or ways you can manage and get out of your debt you should visit . Scottie Watts's top article generates over 720 views. to your Favourites.
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