Debt collectors have a right to attempt to collect their debts, but they don’t have a right to harass you in the process. According to the Fair Debt Collection Practices Act, they must follow certain guidelines, and stay within the law. Calls from debt collectors can be upsetting, and you may want to keep the debt collector at bay until you can take care of it the right way, logically, on your terms. If so, here are some tips to dealing with debt collectors until you can pay down your debt:
- 1Ask for the notice in writing: If you request documentation, the debt collector must not discuss the debt until you receive the documents and review them. The law states that the debt collector must send you a written notice detailing the amount of money you owe and the name of the company of the original lender within five days after you are first contacted. The document must also inform you of the next steps if you decide to contest it because it’s not your debt
- 2Send a written request to cease communication: By law, if you write to a debt collection agency asking that they stop calling and writing to you, they must. According to the Fair Debt Collection Practices Act, the only exceptions are to advise you if they stop trying to collect the debt, or if they decide to seek “an ordinary or specified remedy.” Here are some examples of letters you can use.
- 3Tell them not to contact any third parties: In the written request, specify that they are not allowed to communicate with coworkers, neighbors, or friends.
- 4Work out a payment plan or negotiate a lower amount: If you owe a legitimate debt that you owe, take care of as soon as possible. Here are 5 Negotiating Tips that can help. Once you’ve worked out an agreement and it’s confirmed in writing, the communication should stop until it’s paid off - unless you miss a payment.
- 5Get help from an attorney: If you’re in over your head and are having trouble negotiating, seek the help of a consumer law attorney who is an expert in the Fair Debt Collection Practices Act. Once a debt collection agency is notified that you have legal representation, they may not call you directly.
Remember that if a debt collector displays disrespectful behavior or makes false statements about you, whether on the phone, in writing or in person, it is not just unfair, it’s illegal. You do not have to take abuse from debt collectors. In fact, you have the right to sue the collector for monetary damages if he or she has broken the law.
Contact an attorney that has expertise in the Fair Debt Collection Practices Act. The attorneys at Lemberg & Associates are experienced in putting a stop to the unfair behavior by debt collectors, and can get you fair compensation for the abuse you’ve suffered.
