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How To Push Back When The Debt Collector Calls

How To Push Back When The Debt Collector Calls

Debt collection was the fastest growing type of consumer complaint last year, according to a
survey by consumer groups Consumer Federation of America (CFA), the National Association of Consumer Agency Administrators (NACAA) and the North American Consumer Protection Investigators (NACPI).

When a collector first contacts you, consider talking to them at least once to see if you can resolve the matter - even if you don't think you owe the debt, can't repay it immediately, or think that the collector is contacting you by mistake.

However, once you decide after contacting the debt collector that you don't want the collector to contact you again, tell the collector - in writing - to stop.

Here's how:

Make a copy of your letter. Send the original by certified mail, and pay for a "return receipt" so you'll be able to document what the collector received.

Once the collector receives your letter, they may not contact you again, with two exceptions.

A collector can continue to contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit.

The letter you send does not get rid of the debt, but it should stop the contact.

Otherwise, practices that are off limits for debt collectors include:

Harassment - Debt collectors may not harass, oppress, or abuse you or any third parties they contact. They cannot use threats of violence or harm; publish a list of names of people who refuse to pay their debts (they can give this information to the credit reporting companies); use obscene or profane language; or repeatedly use the phone to annoy someone.

False statements - Debt collectors may not lie when they are trying to collect a debt. Among other false statements that are prohibited, they cannot falsely claim that they are attorneys or government representatives; that you have committed a crime; or represent that they operate or work for a credit reporting company.

That also are prohibited from saying that you will be arrested if you don't pay your debt and saying they'll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so.

They cannot give false credit information about you to anyone, including a credit reporting company; send you anything that looks like an official document from a court or government agency if it isn't; or use a false company name.

Unfair practices - Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt - or your state law - allows the charge; deposit a post-dated check early; take or threaten to take your property unless it can be done legally; or contact you by postcard.

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