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Dealing with debt collection agencies How to stop debt collection agency harassment, know your rights, learn the law. Are you constantly being harassed by a debt collection agency for money you owe? Much of this harassment may be illegal by either federal or state law.
Many people get called at work by debt collectors threatening to tell their boss what a deadbeat they are, or threatening that if they don't pay in full now, the debt collection agency will garnish their wages (take the money right out of their paycheck). This is illegal, and a violation of Section 807 of the Federal Trade Commission (FTC) Fair Debt Collection Practices Act. Here's an excerpt that applies to them lying about your wages being garnished: Section 807(4) prohibits falsely representing or implying to the
consumer that nonpayment "will result in the arrest or imprisonment of any [53 Fed. Reg. 50106] person or the seizure,
garnishment, attachment, or sale of any property or wages of any person . . ." Any legitimate collection agency will do this. Everything should be in writing. Anything verbal they tell you over the phone is false until you see it in writing. |
| Never ever give your credit card number or checking account information over the phone to a debt collector, no matter how aggressive or threatening they become. You'll regret it later. |
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You have no idea who you're talking to, they could be a scam artist, some collection agencies are very unscrupulous. They'll ask you for a credit card number and tell you that they'll just take a partial payment, but then you find later that they took out the entire amount, or even more! They can wipe you out. Don't fall for this trick
If collection agencies claim they'll garnish your wages, tell them to put all that in writing and send you the bill, while you investigate their claims with FTC personnel. Always get the FULL NAME of the person you're dealing with at the collection agency. It's often not their real name anyway, we call them "stage names". For once, put them on the defensive, and grill them about their full name. Tell them they won't get a cent from you until they give you their last name. Remind them it's a violation of FTC regulations to lie about their name. Turn the tables on them and mess with their brains for once.
Here's a few more tips to avoid harassing phone calls outside the FTC's allowable time window:
DebtWizards.Com Tip For Dealing With Debt Collection AgenciesTM Get FULL caller ID (it shows both the name and number) and don't answer your phone unless the caller's name is someone you know and trust. Many times debt collectors block their caller ID information from being displayed on your caller ID box, so their name and number will not appear. Your caller ID box will simply display "Unavailable" or "Out of Area". If this happens a lot, find out from your phone company what code to dial on your phone that will block all calls from your house if they have their caller ID information turned off. This is called call blocking, and works very nicely. They'll get a recording from the phone company stating that their call cannot go through unless they turn on their caller ID information. Let's face it, what do they have to hide? If they are a legitimate business, there's no reason for them to hide their identity. |
NEVER give a collection agency your cell phone number.
NEVER give the collection agency your family or friend's phone numbers to call you at their home. They'll harass your family until you pay your bills.
NEVER offer to pay anything unless the debt collector claims it writing first. If they call you on the phone, tell them they'll just have to wait.
YOUR RIGHTS WITH COLLECTION AGENCIES 1) You may stop a collector from contacting you by writing them return receipt mail, and telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact. The debt collection agency may also notify you if the debt collector or the creditor intends to take some specific action. 2) Debt collection agencies may NOT contact you outside the hours of 8:00 AM and 9:00 PM. 3) Debt collection agencies may NOT contact you at unreasonable places. 4) Debt collection agencies may NOT contact you at work if you have told them that your employer does not approve of the contact. 5) Debt collection agencies may NOT misrepresent themselves as agents of the government, attorneys, or as employees of credit bureaus. They can't use false names either, although many do. 6) Debt collection agencies may NOT make false statements. For example they may not imply that you have committed a crime (since you have not done so). They can't say that you'll go to jail, they can't lie about the status of legal documents they are sending you, and they can't say they'll garnish your wages. 7) Debt collection agencies may NOT contact other people about you except to find out where you live or work. They cannot reveal how much debt you owe to other people or publish a list of people who have bad debt. They cannot slander your reputation. 8) Debt collection agencies may NOT verbally abuse you, threaten your life, or use profanity. 9) Debt collection agencies may NOT cause your telephone to ring and ring, or engage any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. Where to report a debt
collector for an alleged violation Florida Attorney General's Office. Links are provided to all the other state attorneys general. Once you get to your state's Attorney General's office there will normally be a link for consumer affairs to follow for reporting alleged violations, as well as consumer protection information, with categories on debt collection. Make sure you read all the information they have before contacting them.
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If you are in deep with debt, you may consider a debt consolidation program or a debt consolidation loan with a lower APR than your current debt. By consolidating your debt into a lower APR, your monthly payments will be less and you'll payoff your debt faster, and save money on interest. You should only take out a consolidation loan IF you close out the accounts of the credit you want to payoff AND the APR of the loan is less than the debt you intend to payoff.
DebtWizards.Com Recommended Supplemental Reading |
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If you would like to read more about how you can help yourself get out of debt and restore your credit we recommend these low cost books: |
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