Are You Struggling?
Many of us have been in a situation where we simply aren’t able to keep up with all our expenses. Sometimes, it starts with the calculated risk of skipping a payment here and there just until you’re all caught up. Other times, you’re facing an emergency that demands all of your resources, maybe an expensive medical event or your car giving up the ghost, and you have to put all your resources into getting a new one.
Sometimes, the situation gets away from you. The strategic late payments stop altogether. The loan doesn’t get paid, or your credit card gets maxed out, and the interest keeps your payments too large to keep up with.
You already feel guilty about not meeting your obligations, but now the debt collectors are making your life miserable. What can you do?
This nifty consumer guide, brought to you by the Atlas Law Center, teaches you how to deal with aggressive debt collectors.
What is a Debt Collector?
Debt collectors can include collection agencies and lawyers who collect debts as part of their business. Some companies’ whole purpose is buying past-due debts from creditors and companies and then collect on them.
Usually, a debt collector has the right to attempt to collect the debt, but they are expected to follow the law while doing so.
How Should You Deal With All the Phone Calls?
Your phone can start to feel like a curse when the only people who repeatedly call you are debt collectors. These calls can seem constant and come at all times of the day. They can get your information even when you change your phone number, making it even harder to escape them.
Here are a few options you can try to get the calls to slow down or even stop!
Don’t Answer
This may seem either obvious or dumb, but simply ignoring the calls can reduce the number of debt collectors calling you. This is not the best option, but if speaking with them seems too overwhelming, then stop answering the phone for them.
Ask Them to Stop Calling
You can ask the debt collectors to stop calling, and when done properly, it is illegal for them to keep calling you. You have to make the request in writing, which usually means getting their information, which you can ask for when they call you or from mailed correspondence.
They may call you one more time after they receive the written notification to inform you of their next plan of action.
Hang Up on Them
You may be curious as to who is calling and why. If you answer the phone only to find it is a debt collector and they are not willing to work with you, then end the call.
It is important to remember that when you follow these steps, even when you submit a request in writing to end the calls, debt collectors can still attempt to collect the debt in other ways, including negative reports on your credit score and even litigation.
How Should You Handle Debt Collectors?
If you decide to try to work with debt collectors, it is important to remember that if your case is not resolved, you may find yourself in court. This means that how you carry yourself when dealing with debt collectors is important and can even affect a court trial.
The first step to just about any interaction that may lead to legal consequences is to document everything. Keep track of any and all correspondence. Save letters that are sent to you, keep track of how often you are contacted, and what the communication consists of. If you do send the collectors a letter asking them to stop communication or any other letters, be sure to make a copy of the letter to keep in your records.
Remember that the collector is likely recording your communications with them to use in court against you. This means you should watch what you say to them. If you believe the debt is wrong or not yours, never admit to owning the debt, and do not apologize for letting the debt get away from you.
Try not to get emotional while speaking with collectors. First of all, they do not care about your situation; they are contacting you as part of their job. Secondly, getting emotional, yelling at them, and arguing with them can all lead to trouble should they decide to sue you.
Can You Sue Debt Collectors?
Did you know that you can sue debt collectors? They may make it seem like they have the moral high ground because you are late on your obligations, but they are expected to follow the law when collecting a debt.
They are not allowed to call you outside the hours of 8 am and 9 pm.
They are not allowed to call with the intent to annoy or harass you.
If you tell them not to contact you at work, they cannot call you at your place of employment.
They can not use unethical or abusive tactics, such as threatening arrest or legal action or lying when attempting to collect.
If you have an attorney and the collector knows, they are not allowed to call you regarding the debt. They must contact your attorney.
That last point is why you should call 331-321-4748 to speak with the Atlas Law Center about your debt collection case! Don’t face these nasty debt collectors alone; work with a team that knows how to deal with their tactics.
