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Tired of being harassed by debt collectors? Knowing your rights under the Fair Debt Collection Practices Act (FDCPA) can help keep you from being intimidated. Realize that debt collectors are actually trained to try to intimidate you. They know that if they can get you into an emotional state where you are operating out of fear or anger, you will lose the negotiating game. That's just what it is for them: a game.
First, know who you are dealing with. If your account has gone to collections, you are no longer dealing with your original creditor. You are now dealing with a third party company who has "purchased" your debt for pennies on the dollar. If they make anything above their "investment," they'll be happy. If they can get the full amount by intimidating you, then that's all the better.
Second, know which debt this is (assuming you have more than one outstanding debt). There have been numerous cases of debt collectors actually doing their job so well that they have collected an outstanding debt from the wrong person! How can that happen? It's actually fairly easy. Most people who are in financial trouble have more than one delinquent account. Many people have multiple accounts that have been charged off and sold to a collection agency. Sometimes they have then resold to another agency. In cases like these, it can be difficult to keep your accounts straight and know exactly who is calling about what credit card. So, make sure you know which account they are calling about.
Ask the caller for a mailing address and then send a letter requesting validation of the debt, the name and address of the original creditor, and copies of all documents pertaining to the alleged debt.
The FDCPA already states that a collector cannot call you before 8 am or after 9 pm. They cannot harass you with repeated calls or calls to your place of employment if you have asked them to stop. In fact, you can request that all communication be written only. They can't talk to anyone but you or your legal representative about your debt, or that you even have a debt. They can't threaten you will arrest or jail. There is no debtor's prison.
If a creditor violates any of these rules, document everything. If you have the ability of recording the phone call, tell the caller that you are doing so. Of course, they will probably hang up at this point, but just document that information as well.
What Actions Can You Take?
If a debt collector has crossed the line, you will want to file complaints with both the Federal Trade Commission (FTC) and the state Attorney General. If the debt collector is in another state (many times they will be), I would file a complaint not only with your state's Attorney General, but with the Attorney General in their state as well.
These agencies have on-line forms you can fill out. I have used this process successfully. A debt collector I dealt with made guarantees that weren't kept and withdrew money from my account outside of our agreement. By filing with the FTC and both state Attorneys General, I was able to recoup the bank charges and fees caused by their actions.
In my case, that's all I asked for. I just wanted to put the mess behind me and get on with my life. But, you can sue for actual and punitive damages as well as attorney fees and court costs. Be sure you have everything documented. If they have already lied to you and broken the law, don't think they'll tell the truth when you try to sue them. You don't want to get into a situation where it's your word against theirs.
If you do agree to a payment arrangement or lump sum debt settlement, be sure to get everything in writing before giving them any money. Never agree to payments that are higher than you can afford. And pay only by check. Do not give them your bank account or debit card information; this way you remain in control of how much you can pay and when.
You have rights, and when it comes to your debt, you have the upper hand in negotiations. Debt collectors just want to collect on debts. They need your cooperation in order to do that. Remember:
• Remain calm but firm,
• Let the caller know that you know your rights,
• Refuse to take abuse or rudeness,
• Document everything,
• Get all agreements in writing,
• Pay only by check or money order.
Using these steps, you will take the control of the conversation and be able to negotiate your way out of a difficult situation on your way to getting out of debt.
Believe me, I've been where you are. I've been broke, with creditors calling, writing, and sending court summons. I've had my bank account garnished and wondered how I was going to feed my family. But, I can tell you that you can get out if you remain focused on the end goal instead of wallowing around in a pity pool feeling sorry for yourself.
Life was meant to be enjoyed. For more resources on getting out of debt and living debt free, visit http://www.imdebtfree.net. While you're there, sign up for my free newsletter with more tips on how to get and stay debt free, and receive my free report "101 Powerful Tips for Legally Improving Your Credit Score."
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