If you have credit accounts that have been turned over to debt collectors, you know what it is like to be harassed by calls and letters! You don't have to put up with it, if YOU KNOW YOUR RIGHTS!
The debt collection industry exits for the sole purpose of assisting creditors with collecting on unpaid debt that is legitimately owed by a consumer.
However, many debt collection companies will purchase debt from creditors or other debt vendors in and attempt to collect for huge profits! These guys by up huge blocks of "debt" at pennies on the dollar.
Although I don't fault anyone or any company trying to make a profit, I do take serious issue with debt collection companies that prey on consumer's fear and lack of knowledge.
The Fair Debt Collection Practices Act (FDCPA) was passed to not only protect consumers from debt collectors, but to also inform the consumer of his/her rights.
The Federal Trade Commission is an agency of the United States Government that was formed to protect consumers rights and to enforce violations. The FTC has published a short, yet very informative article that you should download and read carefully. To get you copy, click here:
Federal Trade Commission...Facts for Consumers
Although I recommend that you download the above information, here is a brief summary of what the law limits what a debt collector can and cannot do:
They CANNOT:
- Call you before 8 am or after 9 pm (in your time zone)
- Use an automated dialer to call many, many times a day.
- Call you at your place of employment after you have verbally requested that they not call you there.
- Harass or abuse you by using threats of violence or harm as well as using obscene language.
- Falsely imply that you have committed a crime and will be prosecuted.
- Threaten that they will seize or garnish your property, income or bank account unless they intend to do so within a reasonable amount of time or have already obtained a judgment.
- Call your friends, family or co-workers and discuss your debt. They may contact others, but only to attempt to get or confirm your contact information.
- Use "official" government looking stationery trying to represent that they represent the government or agency.
If you think that your rights have been violated, you should file a complaint:
You can file a complaint with the Federal Trade Commission Here is a link to that site:
You can contact your state's attorney general's office and file a complaint. Just do a "Google search" for your state's attorney genera's site.
For example, here in Oregon, you would go to:
State of Oregon Consumer Complaint Form
If that doesn't help, there are numerous attorneys that specialize in defending consumer's rights that have been violated by debt collectors.
Let's look at some of the most common violations:
One of the most annoying practices used by debt collectors is to call you several times a day or week!
Fortunately, you can put a stop to these calls! Here is a link that will tell you what to do:
I've been assisting our clients on how to deal with debt collectors for over 15 years and although most operate within the FDCPA law, some will not.
Most people who are dealing with debt collectors have gotten themselves into financial trouble due to one of several circumstances, such as:
- Loss of employment or reduced income
- Retired living on fixed income
- Divorce
- Death of spouse or partner
- Illness or disability
When one or more of the things happen to you (or someone you know), then it is common to use the easily available credit to "make ends meet".
I would say the 95% of our clients over the years got themselves into credit card trouble like this!
They fully intended to repay all their debt, but life and circumstances beyond their control just wouldn't let them.
Now, they found themselves in such a financial mess that they could not even keep up with all of the minimum payments due.
I have some GOOD NEWS!!!
Once your accounts are sold or turned over to debt collectors, the may be willing to accept an amount less than the full balance to satisfy the debt.
This is called a "settlement". We do this for our clients every day.
Here's what a settlement looks like:
Finally:
- Don't let debt collectors intimidate you!
- Know your rights and stand up!
- Use debt settlement to get a fresh start!
We have been helping people like you since 2003 and would be glad to see if we could help. For a FREE CONSULTATION, just click below: