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Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
• collect any amount greater than your debt, unless your state law permits such a charge; • deposit a post-dated check prematurely; • use deception to make you accept collect calls or pay for telegrams; • take or threaten to take your property unless this can be done legally; or • contact you by postcard.
However, as I said before, a lot of debt collectors will ignore this law whenever they can. So it is very important that you build a case against harassing debt collectors.
Send repeated certified letters outlining what they said or did.
Tape phone conversations. Tell collector you’re doing so. If he continues to talk, he’s considered to have consented to taping.
If you contest debt, ask that you be sent proof of it in writing. In many cases, neither creditor nor collector can produce this.
Check your credit report and, if you see false entries, contest them right away.
If you do owe debt, negotiate calmly and in good faith. Because it gives you more time to think, I would try to carry out all negotiations in writing or hire an attorney to do them for you. This will also give you a paper trail if you have to proceed in court.
Do not be bullied into rushing into an agreement and do not make any payments unless agreement is in writing.
For example, if bill collector agrees to take half of amount you owe as full payment and report debt paid to credit bureaus, get it in writing. If collector won’t send you a letter, send him a certified letter accurately stating all terms of your agreement.
It is not unknown for bill collectors to settle case with a debtor and then sell rest of debt to another collection agency, which will try to collect unpaid balance. This is why it is very important to have a paper trail.
If you have old debts that have apparently gone away, beware of "zombie" bill collectors. They are buying unpaid debts for pennies per hundred of dollars of debt and then trying to harass debtors to pay. Even if they only get a few dollars, they make money.
The problem is that in many cases statute of limitations on collecting debt is run. If you make a payment, you can reopen statute, debt can be reported to credit bureaus as freshly delinquent and you can open yourself up to all sorts of problems. Sometimes even saying wrong thing to one of these guys can be considered an acknowledgement of debt, allowing them to reopen statute of limitations.
If you have any old unpaid debt become familiar with statute of limitations, generally 4 to 6 years, in state where you live now and, if applicable, in states you lived in when you ran up debt.
The best way to handle a "zombie" bill collector is to refuse to speak to him. Just hang up phone.
The Fair Debt Collection Practices Act is rather vigorously enforced by FTC and state attorney generals. Make complaints to both is you feel you being unfairly treated.
Also you have a private right of action against debt collectors. You can sue a bill collector in a state or federal court within one year from date law was violated. If you win, you may recover money for damages you suffered, plus an additional amount up to $1,000. Court costs and attorney's fees also can be recovered. If you need a lawyer referral, go to National Association of Consumer Advocates website. http://www.naca.net
Also I would suggest you buy or borrow from library "Money Troubles: Legal Strategies to Cope With Your Debts (Solve Your Money Troubles)" by Robin Leonard, if you have a lot of debt. It best to know what you’re facing and how to handle yourself going in.
Remember, even if you can tame bill collectors, your debts do not go away. The next step will probably be lawsuits and garnished wages. That is why best course of action is to negotiate with your creditors from very beginning.
Chris Cooper is a retired attorney who has spent several periods of his life deep in debt. At http://www.credit-yourself.com he tries to pass on some of the knowledge he picked up in his journey to become debt free.