If you have found yourself in a situation where you have defaulted on a bill or loan, then you are probably familiar with bill collection calls. Although these calls can be intimidating and at the very least inconvenient, here are some tips to help you better handle the situation.
Know your rights.
Yes, you have rights. For complete details regarding your rights, read the Fair Debt Collection Practices Act on the Federal Trade Commission website. If you find that you aren’t being treated properly, you should ask to speak to a supervisor. You can also call or submit a complaint form to the Federal Trade Commission if you experience abuse.
Know what collection agencies can and cannot do.
They cannot call you continuously at work. If you have informed them that this is not acceptable it can be considered harassment
They cannot make false, abusive, or threatening statements of any kind
They cannot call you before 8:00 am or after 9:00 pm
They cannot your friends of family that you owe money
They must identify themselves and their company when you answer the phone
They can ask your friends or family where you live or work
Know what to say.
If you are returning a message that was left for you, you might try saying something like this: “I have received your calls regarding my bill. I apologize I was not able to get back to you sooner because of (____). I am still working with my creditors to figure out a plan, if you would like to call me back on (____) I should have worked out a solution at that time.”
If you have been mistreated by a representative, you might respond with: “I am aware of my rights as stated in the Fair Debt Collection Practices Act and I am willing to talk to you but not in this manner.”
If you are unsure that the debt is valid, you will want to take special precaution in what you say and I would strongly recommend recording the conversation (always let them know this). Ask for proof that you owe the debt, which they must provide. Once you receive this, you have 30 days to dispute it. Another question you should ask is: “Are you calling on behalf of a collector, employer, or yourself?” If the debt is 1-2 years old, the debt was probably sold by the creditor to this collector for pennies. In that case your response should be, “I don’t deal with debt collectors who are not representing the creditor. Please give me your address so I can send a cease and desist order in accordance with the FDCPA.”
Know how to reduce calls
Collectors can call you at work unless given verbal or written notice by you or your employer. If you do this, they are not allowed to call under the FDCPA.
Write a “cease contact” letter. You will need to check your state law for specifics, but in many cases agencies must stop all contact with you upon receipt of this letter.
Try a telezapper. This is a device that tricks telemarketers and predictive dialers from thinking your phone is out of service. Often times, this will force their system to delete your number from its records.
Know what not to do
First of all, don’t lie. Collectors will smell you a mile away. It will only make matters worse when having to deal with them if they think you are lying. Also, don’t be disrespectful and don’t threaten things you have no intention of doing. They hear this all of the time. If you say you are calling a lawyer, then he had better be on the other line.
Here are some additional resources for helping prevent collection calls:
If you are returning a message that was left for you, you might try saying something like this: “I have received your calls regarding my bill. I apologize I was not able to get back to you sooner because of (____). I am still working with my creditors to figure out a plan, if you would like to call me back on (____) I should have worked out a solution at that time.”
Collectors can call you at work unless given verbal or written notice by you or your employer. If you do this, they are not allowed to call under the FDCPA.