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[S1026]Stop Debt Collectors Calling

by Deepak Dutta, Dee

Calls from debt collectors trying to find you at your place of employment can be humiliating. You may already be screening your calls, your chest tightening as you realize it's them - again.

While not every debt collector is unsympathetic and berating they likely do have to steel themselves for many of the sad stories given to them as explanations for past due debts. They are also frequently rewarded for their efforts in collecting the debt with a commission based on the amount obtained. It is easy to see why it is not uncommon for individuals who are already in a desperate state to fear encounters with the more aggressive collectors who are determined to get their fees.

"What Are They Allowed to Do?"

Debt collectors are allowed to contact you by in person, by mail, by telegram, by fax and by phone; at home or at work - unless they know your employer would disapprove. They may also not contact you before 8 a.m. or after 9 p.m. unless you have agreed to the contact at that time.

They must contact your attorney unless you don't have one. They may then contact other people to find out your telephone number, work place or address, but in most cases they are not allowed to inform them that you owe money or contact them more than once.

"What If I Don't Want to be Contacted?"

Whether or not you actually owe a debt you can write a letter to the collector telling them to stop contact. They may then contact you only once to inform you that they will make no further contact or to tell you what action may be taken against you.

Stopping contact will not clear the debt. If you do not believe you owe the debt make that clear in your letter.

"What Can I Do If I Am Harassed?"

The FTC (Federal Trade Commission) has a Fair Debt Collection policy to protect consumers. Knowing your rights will put off even the most determined collector since they already know the law and are pressing you on the assumption that you don't.

Debt collectors are NOT allowed to harass, abuse or oppress you or other individuals on your behalf - that includes obscene language, threats of violence or repeated calling in an effort to annoy.

They are not allowed to misrepresent themselves as government agents, attorneys or representing a credit bureau if they are not. They cannot imply they are sending legal documents if they aren't or that you've committed a crime, if you haven't.

They cannot imply legal action, including seizing property or garnishing wages unless they are legally allowed and intend to do so.

You can find out more about your rights from the FTC. If you want to report an agent you can do so by contacting the FTC or your Attorney General. If they are breaking the law you have the right to sue.

Debt collectors have always been able to file claims against estates in probate courts - sometimes truthfully, and sometimes with trumped-up charges that only the deceased would know were false.

But for those who die without enough assets to require a formal probate, the human touch is used to attempt collection.

A company called DCM Services in Minneapolis is just one of many that specializes in extracting money from the bereaved. Their clients include companies in banking, automobile finance, retailing, telecommunications, and health care.

DCM trains their new hires for 3 weeks in what the company calls "empathetic active listening," so that they'll be prepared to sound like they care while they work to collect money you don't owe. They'll even transfer the call to a grief counselor if the person appears to be consumed with denial or anger. Then they call back the next week.

They play on sentiment - telling the bereaved that their loved one will "rest so much easier" knowing that his or her debts have been paid. If that doesn't work, they play on a person's sense of morality. Most of all, people are made to feel that they are honoring the wishes of their loved ones by paying their debts.

Of course, in the absence of an estate and probate proceedings, the family is under no obligation to pay. The companies say they do disclose that fact, but it isn't a predominant part of their message. Many pay because they believe that they must.

So what kind of person preys on grief? Not everyone. About half of DCM's new hires don't make it past the first 90 days.

For those who do stay, the company provides stress-reducing incentives to help them deal with what they're doing for a living. They get yoga classes, foosball tables, free snacks, and a masseuse who comes in regularly to work on their heads and necks.

DCM's chief executive, Steven Farsht, is quoted in the New York Times as saying that his 180-employee firm is providing a service to the economy. Because the financial services industry is in such trouble, he believes that every dollar his firm collects improves their profitability, and thus the economy.

Many consumers - whose taxes have gone to bail out major players in the banking industry - might beg to differ.

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Both Deepak Dutta & John Rasor 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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