When the debt collection calls start, so does the stress! It often proves difficult for the average person to interact and negotiate a debt collector on their own behalf. In fact, the entire debt collection process, by design, is very stressful and that stress tends to wear people down. Debt Collectors use an arsenal of tactics designed to convince you mail in payments or do a check by phone. The pressure exerted by collectors, and their demands, are overwhelming. The good news is that you have the right to tell them to STOP the harassment and to only communicate with you via mail.

Under the Fair Debt Collection Practices Act (“FDCPA”), a debtor can prevent calls from third-party collectors. However, it is important to realize that the original creditor can continue to call you even after you have requested that they stop. Although your creditors can legally continue to contact you, they cannot harass you. For additional information on your rights visit the FTC website at: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf.

Due to the overwhelming amount of debt that currently needs collection, creditors have begun to more frequently use the services of third-party collection agencies; this can often proven very effective, because collectors typically bombard consumers with debt collection calls until they repay their balances or have a nervous breakdown. In most cases, when debt collectors get involved, the frequency and nature of the calls can easily get out of control. Unfortunately, debt collectors have resorted to all kinds of tasteless debt collections tactics, including calling numerous times on a daily basis and making threatening comments to debtors.

As previously mentioned, with the passage of the Fair Debt Collection Practices Act, you no longer have to endure such abuses. Read on for a summary of your rights and how to deal with debt collection calls.  Your Rights  The Fair Debt Collection Practices Act is very specific about how and when creditors may contact you in an attempt to collect a debt.

Below is a brief synopsis of these rights: 

1.  A creditor cannot call you before 8 AM or after 9 PM unless you agree.
2. A creditor cannot call you at work if he/she knows that your employer disapproves.   
3. A creditor may not use phone calls to repeatedly annoy the debtor.   
4. A creditor may not threaten violence or harm or use abusive or profane language.   
5. A creditor may not contact other parties concerning the debt except to find out where you live, where you work, and what your phone number is.   

If you are looking to stop debt collection calls,  in theory, a cease and desist letter is a good place to start; however, those collectors that choose to violate the FDCPA, and continue to call, are harder to deal with and require additional measures. Step One: Cease & Desist Communication – After a collection agency receives a cease and desist letter, they cannot contact you again except to tell you that they will make no further contact or to inform you of the actions the creditor or debt collector intends to take. 

If a debt collector fails to cease contact after you have made a written request to do so, or if the creditor violates the Fair Debt Collection Practices Act in any other way, you have two options. First, you can sue the creditor up to one year after the law was violated or, alternatively, you can report the creditor’s violation to your state’s Attorney General’s office and the FTC (Federal Trade Commission). Two: Prevention – If a cease and desist proves in effective, you can obtain Privacy Manager, Call Intercept, or a Telezapper device in order to minimize the number of automated creditor calls that you receive. 

 Negotiating With Creditors 

Here are a few helpful tips for negotiating with debt collectors if and when they call:  Most importantly, do not provide the creditor with your checking or savings account information at any time! If you agree to make a payment, insist on mailing it instead of agreeing to an automated payment.  Don’t be afraid to haggle with the collector. If you’re persistent, and can handle the constant negotiations, most creditors are willing to accept a payoff amount less than the full balance.  Stay calm and don’t let things get out of hand. Always be polite, even if they are not and make sure to take the high road. It’s easier for creditors to take advantage of you when you are anxious and frustrated.  Make sure you do not make promises you can’t or don’t intend to keep. It is critical that you not promise to make a payment and then not follow through.  If you make a request that the collector denies, ask to speak to the supervisor. You make get more done with someone who can make larger decisions.  

Hopefully, the information provided will help you better handle debt collection calls when they occur. On the other hand, if you wish to use the assistance of a professional debt settlement company to help, that is always an option as well. This should not be considered legal advice. Debt Regret does not provide legal or tax related advice. If you need any type of legal or tax related advice, you must contact a licensed attorney or a qualified accountant.