Dealing With Debt Collectors
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If you are overwhelmed with creditors calling and you think the only way out is to avoid your creditors until they get tired, you are going about it all wrong. You may think they will go away, but they won't. The calls will only increase and your account will be forwarded to a collection agency or an attorney. Avoidance of the issue could even lead to wage garnishment.
Here is a list of FAQ's (Frequently Asked Questions) to help you get back on the right track.
How late can a debt collector call me? Collectors can only call you between the hours of 8:00 a.m. and 9:00 p.m. Early morning and late night calls are prohibited under the Fair Credit Collection Practices Act.
Can a debt collector leave messages on my voicemail? A debt collector can leave messages on your personal answering machine until you tell them to stop. A collector cannot discuss your debt with third parties. They cannot leave messages with your employer, friends, or family regarding your debt. They can leave a name and number though, at least until they are asked to stop.
Does the collector have to accept my partial payments? No, they do not and many of them claim that they are not authorized to accept a partial payment. Collectors will often request a lump sum payment. They don't care if you have to borrow it from a relative, skip your car payment or take a cash advance from your credit card. They use very aggressive tactics to scare you in to paying the debt in full as quickly as possible. The smart thing to do is to pay them only what you can afford. Never make promises to pay something you know you cannot afford. Send a payment to them every month even if they keep sending it back. Keep proof that you've been trying to send them money. This will significantly reduce your chances of being sued, as most collection attorneys know that a judge, when presented with evidence that you tried to pay the debt, will rule in your favor. Most collectors will give in at some point and accept the partial payments.
Is my agreement enforceable against a new collection agency? It is not that uncommon to find yourself dealing with a new collector or new collection agency when you owe a debt. The agreement is not enforceable against the new company unless they choose to accept it; however, sending them a copy of it would help you in establishing a payment schedule with the new collection agency.
A collection agency keeps harassing me about a debt I don't believe I owe. What can I do? Send a certified letter requesting verification of the debt. Verifying the debt requires them to send you copies of documented proof that you owe the debt. There is a legal period governing them, so you need to act quickly after they contact you initially. You can also ask them to stop contacting you since you don't believe you owe the debt. They are barred under the Fair Debt Collection Practices Act from contacting you to try and collect the debt or from putting negative information on your credit report, once you have said this. They can contact you to tell you they're going to sue you or they're giving up all collection activity.
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