Getting ahold of debt collectors can be a daunting task, but it's a crucial step in resolving your debt issues. You can find the contact information of debt collectors in public records, credit reports, or by searching online.
Debt collectors must provide you with written notice of the debt, including the amount owed and the creditor's name. This notice is usually sent via mail and must be received by you at least 5 days before any collection activities can begin.
If you're being harassed by debt collectors, know that you have the right to stop the calls and mail. You can request that they communicate with you in writing only, or that they stop contacting you altogether.
The Fair Debt Collection Practices Act (FDCPA) outlines the rules that debt collectors must follow, including the requirement that they provide you with a clear and concise notice of the debt.
Understanding Debt Collection
Debt collectors can be intimidating, but understanding the rules that govern their behavior can help you navigate the process with confidence.
Under the Fair Debt Collection Practices Act, a debt collector must be a professional agency or an attorney hired to collect a debt. Credit card or mortgage companies, on the other hand, are not considered debt collectors.
If you're being harassed by a debt collector, you have the right to stop further contact by sending a written letter to the collector. Make sure to keep a copy of your letter and send the original by certified mail.
Debt collectors are restricted from making calls at work if they know your employer doesn't allow it, or before 8:00 a.m. or after 9:00 p.m. unless you've given them permission to do so.
A debt collector can be defined as someone who regularly collects debts owed to others, including collection agencies, lawyers, and companies that buy delinquent debts.
Communicating with Debt Collectors
You can typically find your collector's information on your credit reports from the three major consumer credit bureaus. Since your debt may have been bought and sold by multiple collectors, be sure to look at your most-current credit reports to determine which company to contact.
You can reach out to your collector directly, rather than hiring a third party, to avoid additional costs and potential damage to your credit. Credit Karma offers free credit reports from two of the major consumer credit bureaus, TransUnion and Equifax.
To prepare for a call with your collector, make a list of what you want to ask for, including the agent's name and direct contact information, updates to your credit reports, and a written copy of your agreement. This will help you stay on track and ensure you get the information you need.
Notifying the Collector
You can stop further contact with a debt collector by notifying them in writing. This is a crucial step to protect yourself from harassing or abusive tactics.
The Fair Debt Collection Practices Act requires collectors to stop contacting you if you send a written request. You can send this letter by certified mail to ensure it's delivered.
To notify the collector, you'll need to include your account information and a clear request to stop contact. Keep a copy of your letter for your records.
If you're being contacted by a debt collector, you have the right to request that they stop contacting you. This is a key part of managing debt collection communication.
Debt collectors are also prohibited from contacting you at work if they know your employer doesn't permit such calls. They can't call you before 8:00 a.m. or after 9:00 p.m. unless they know it's a more convenient time for you.
Here are the specific steps to take when notifying a collector:
- Send a written request to the collector to stop contact.
- Include your account information in the letter.
- Send the original letter by certified mail.
- Keep a copy of the letter for your records.
By following these steps, you can take control of debt collection communication and protect yourself from harassment.
Responding to a Collection Case
If you've been served with a debt collection case, you have a limited time to respond. In Utah, you usually have 21 days to answer the complaint, while outside of Utah it's 30 days.
The summons will tell you when you need to respond, so be sure to read it carefully. You can also check with the district court of the county where the case will be filed to confirm that the plaintiff has filed the case.
You can try contacting the plaintiff's attorney to discuss the complaint, but don't forget to get legal advice if you have questions about whether to respond. The court's Answering a Complaint or Petition web page has more information on the answer process.
You can find the form to answer a debt collection complaint in the Forms section of this page.
That Is Not Attached
Debt that is not attached to belongings, also known as unsecured debt, is the most common type of debt. This includes credit card debt, medical bills, utility bills, and paycheck advance loans.
If you owe this type of debt, the creditor must sue you in court and win a judgment before they can take any of your paycheck, bank account, or property.
I'm Not Sure.
If you're not sure whether you owe a debt, it's essential to ask for more information. You can send a letter to the debt collector within five days of first contacting them.
The debt collector must send you a written notice of a debt within five days, which includes information on how much you owe, the creditor's name, and what to do if you disagree that you owe the debt.
You can use a sample letter from the Consumer Financial Protection Bureau's resource page, which includes a "I need more information about this debt" sample letter. This letter will help guide you on what to include and how to ask for the necessary information.
You can send a certified letter to ensure you have proof it was sent. Keep a copy of your letter for future reference.
Even if it's been more than 30 days since you were first contacted, you can still try to ask for what you need.
Dealing with Debt Collector Issues
You may be able to negotiate with a debt collector, especially if the statute of limitations is close to expiring.
Collections debt is often purchased for pennies on the dollar, so you may be able to satisfy your debt by offering as little as 30% to 80% of what you owe.
Make sure to reach out to your debt collector directly, rather than hiring a third party to negotiate for you, as this can be expensive and potentially damage your credit.
You can find your collector's information on your credit reports from the three major consumer credit bureaus.
Here are some things to ask for when you contact your debt collector:
- The agent's name and direct contact information
- Updates to your credit reports, such as removing the paid account or updating it to "paid as agreed upon"
- A written copy of your agreement, including payment information and credit report updates
It's a good idea to ask for a written agreement to ensure that you and the collector are on the same page, and to protect yourself from potential disputes down the line.
Collector Harassment
Debt collectors are not allowed to harass, oppress, or abuse you in any way.
The Fair Debt Collection Practices Act prohibits collectors from making calls at work if they know your employer doesn't permit such calls.
You can also report any problems you have with a debt collector to your state Attorney General's office, the Federal Trade Commission, and the Consumer Financial Protection Bureau.
If you're being subjected to harassing, abusive, or fraudulent debt collection tactics, you can notify the collector in writing and stop further contact by sending a certified letter.
Here are some examples of unfair or unconscionable means to collect a debt:
- Calls before 8:00 a.m. or after 9:00 p.m. unless the collector knows such times are more convenient for the debtor
- "Unfair or unconscionable means to collect or attempt to collect a debt"
Identity Theft
If your identity has been stolen, it's crucial to let the creditor or debt collector know that the debt is from identity theft.
You can use the Recovery Plan tool from the Federal Trade Commission to create the necessary letters.
Creditors and debt collectors have the right to try and collect money you owe them, but you also have rights, including protection from harassment.
They are not allowed to harass you and can only contact you during certain times.
If you want a debt collector to stop contacting you, you can send them a letter asking them to stop, and they cannot call you after that.
However, keep in mind that stopping debt collector calls won't make the debt go away, and you'll still owe the money.
The Consumer Financial Protection Bureau has a resource page that includes a sample letter you can use to ask a debt collector to stop contacting you.
After sending a letter, a debt collector may only call you once to confirm it won't contact you again.
If you still want to be contacted, you can specify how and when you can be reached, such as only at a certain address or phone number, and between certain times.
Managing Debt Payments
Managing debt payments can be a challenging task, but with a solid plan, you can regain control over your finances. First, review your budget to see how much you can realistically afford to pay.
It's crucial to calculate how much you can afford to pay before having a conversation with a debt collector. This will help you determine the best payment option for your situation. You have two payment options: lump sum payment or installment payments.
Here are the pros and cons of each option:
- Lump sum payment: This is the fastest way to resolve a collection and can be the most cost-effective, but it may not have as positive an impact on your credit scores as paying the original account in full.
- Installment payments: This option can help you manage the financial burden of repaying a large debt, but it can put you at risk of restarting the statute of limitations on a debt and restarting the time period for how long the negative information continues on your credit reports.
Before making a payment, make sure to thoroughly document your payment by sending it by certified mail and getting a return receipt. This will help you prove you've upheld your end of the deal and can also help you dispute a credit reporting error if your payment information isn't updated correctly.
Make Your Payment
Once you've received a written agreement from your debt collector and reviewed it for accuracy, then -- and only then -- should you take the final step of submitting your payment.
You'll want to thoroughly document your payment to prove you've upheld your end of the deal. Consider paying a little extra to send it by certified mail and get a return receipt.
Affordability Calculator
To determine how much you can afford to pay towards your debt, you'll want to review your budget first. This is crucial, as failing to uphold your repayment agreement could restart your seven-year period of credit reporting and your period of legal liability.
You'll want to consider your personal circumstances and weigh your options carefully. Generally speaking, you have two payment options: lump sum payment or installment payments.
A lump sum payment is the fastest way to resolve a collection and is often the most cost-effective. However, settling an account for less than the full balance owed may not have a positive impact on your credit scores.
Here are some key differences between the two options to consider:
By understanding your options and considering your budget, you'll be better equipped to manage your debt payments and make informed decisions about your financial future.
Frequently Asked Questions
What happens if debt collectors can't find you?
If debt collectors can't find you, they may stop trying to collect the debt or sell it to another agency, but your obligation to repay remains. You're still responsible for the debt, even if collectors can't locate you.
What is the 777 rule with debt collectors?
The 777 rule restricts debt collectors from making more than 7 calls within 7 days to a consumer about a specific debt, and also prohibits calling within 7 days after a previous conversation. This rule aims to prevent harassment and excessive contact from debt collectors.
What should you not say to a debt collector?
When interacting with a debt collector, avoid admitting to the debt and providing personal information, such as bank account details.
Sources
- https://www.texasattorneygeneral.gov/consumer-protection/financial-and-insurance-scams/debt-collection-and-relief/your-debt-collection-rights
- https://michiganlegalhelp.org/resources/money-debt-and-consumer-issues/how-deal-debt-collectors
- https://www.utcourts.gov/en/self-help/case-categories/consumer/debt-collection.html
- https://www.creditkarma.com/advice/i/how-to-pay-debt-collection-agency
- https://law.alaska.gov/department/civil/consumer/debt.html
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