Debt Collectors Keep Calling Me!
No one likes getting calls from debt collectors. Owing money to a group of strangers who have all of your personal information can be frightening and stressful. But why do debt collectors call?
You typically only receive collection calls when you owe a debt. Collection agencies buy past-due debts from creditors or other businesses and attempt to get you to repay them.
When debt collectors call you, it’s important to respond in ways that will protect your legal rights. Be sure to remember the following information the next time a bill collector reaches out to you.
Understand Collection Call Laws
The debt collection industry has been plagued by bad behavior from collectors for years. In order to curb this behavior, the Fair Debt Collection Practices Act (FDCPA) was passed in 1978.
This act presents a number of rules and restrictions that debt collection agencies must follow. Here is what debt collector can not do:
- Call you outside of the hours of 8 a.m. – 9 p.m., Monday-Saturday (not on Sunday)
- Call you repeatedly within a short period of time
- Threaten you with violence
- Discuss your personal information or debts with other people
- Claim false debts or false information on your reports
- Cannot lie about their identity
- Keep calling if you request them to stop in writing
Despite the legal strides to protect consumers, it’s common for some debt collectors to violate collection call laws. That’s why it’s important to proceed carefully whenever you are contacted by a debt collector.
Your response to a debt collector should be different based on who is calling.
If you are contacted by the original creditor or business that you owe money to, they are not bound by FDCPA laws. However, they may be bound by local and state laws that are similar to the federal Fair Debt Collection Practices Act.
Third-party debt collectors are also known for charging consumers with “zombie debt,” or debt that is old, past the statute of limitations or has already been paid off. These parties resurrect these old debts in an attempt to scam consumers. To avoid falling victim to these claims, there are a number of steps you can take to prepare yourself. The following are some tips you can learn to protect yourself in these situations.
Here’s what to do if a debt collector calls you:
When a bill collector contacts you, your first order of business is to take notes. Whether you prefer pen and paper, spreadsheets, or screenshots, having a paper trail and proof of their communication is one of the most valuable tools you can have when disputing charges.
Some questions and notes to consider keeping track of include:
- The name of a person who called you
- What company they represent
- When they called
- A mailing address to send written correspondence to
- What you discussed
- Any requests made
Do not overlook this step! It’s important that you document every contact you have with a collector in the event you need to protect your legal rights.
Don’t Admit You Owe the Debt
The most important tip to remember when responding to a debt collector is to avoid admitting or confirming any information without first having debt validation. Before you do anything else, start by writing a debt validation letter. If you say or do anything that confirms that the debt is yours, you may be giving up some of your legal rights.
Collection agencies often make mistakes, so it is important to confirm that the debt is the correct amount, that it truly belongs to you or it is not expired past the legal amount of time it can be held against you. The only way to confirm this is through writing.
Most delinquent debts expire and must be legally removed from your credit report after 7 years. A collector can still try to get you to repay debts older than this, but they can’t use negative credit reporting as a collection tactic.
Don’t Make Any Payments or Promises
Promising to make future payments or providing a collector with your financial information can have the same effect as admitting to owing debt. Any payment you send or offer to pay will “reaffirm” that you owe the debt and legally allow the collector to report the delinquent debt to your credit reports.
It is in your best interest to withhold any payment information until you’ve confirmed that the debt is real. Additionally, some debts asked for may be past the statute of limitations or legal time period that a business can request that the court compels you to pay your delinquent debt.
Even if you agree to pay off a debt, buy a cashier’s check. Never provide them with any documents that disclose your bank account number.
Request a Debt Validation Letter
A debt validation letter is the best way to find out what debt collectors you owe and how much you need to pay. This can include both the original debt amount and any extra fees the collection agency is adding.
When a collector first contacts you, they are required by law to follow up with a written letter about the debt they are collecting. This is known as a debt validation letter.
If the debt collectors do not respond with a written validation letter within 5 days of contacting you, you have up to 30 days to send a verification letter requesting a validation letter.
Validating a debt goes beyond the fact that you owe a debt, it also confirms the amount is correct, the age of the debt is correct and that the collector has the legal right to collect the debt. This letter is also an excellent source of information for you to use in your research on the collection company.
This validation will protect you from collectors illegally re-aging a debt to make it seem more current than it is, or changing the amount you owe by adding on extra fees. The collector must show:
- Documentation proving that you agreed to the debt
- A written agreement with your signature on it
- Information from the original creditor with whom you made that agreement
If you’re unsure about whether to request debt validation, you can talk to a financial coach who will review the situation with you and answer any questions you have.
Even if you agree to pay off a debt, buy a cashier’s check—do not write a personal check to a collector. Never provide them with any documents that disclose your bank account numbers.
Keep it Professional
How you handle collection agency calls is just as important as confirming that you owe a debt. Like any other legal or financial proceedings, keeping conversations professional and impersonal will protect you both emotionally and legally.
Do not let the collector drive the conversation to an emotional place, if they start to threaten or accuse you, shut down the conversation. Tell them you know your rights under the FDCPA and you will not tolerate any abuse.
It is also important that in these situations, you are also keeping calm. If you get heated and use strong language, it will weaken your case in the event of an FDCPA claim.
Don’t Provide Any Personal or Financial Information
Collectors will want to find out as much as they can about your finances, but you should not disclose anything until you receive validation of your debt. This will protect you from assuming responsibility before discovering whether it is legally yours or not.
However, if you’ve received the validation letter and still don’t feel you owe the debt, speak up. Even if it is unintentional, collectors may make a number of mistakes before pursuing you for debt, such as:
- Pursuing debts that have already been paid off
- Pursuing accounts that were created with identity fraud
- Charging the wrong amount
It may appear to the collector that you legitimately owe the debt, but you should stand firm if the debt was created illegitimately.
If the debt is fully valid but you don’t know how to deal with debt collectors when you can’t pay, talk with one of our trained coaches to decide which plan of action is best for you.
If the debt is fully valid but you can’t afford to repay it, you can talk about this with the collector, and try to offer some kind of settlement. Find out more about Debt Settlement.
Look Out for Debt Collector Scams
Some debt collection activity is fraudulent, and can only be spotted by following these steps. It’s important to take a hard look at every collection call you receive in order to avoid falling victim to a scam.
Scammers can be very sophisticated and may appear legitimate, even to the trained eye. Keep an eye out for any red flags, be careful what you disclose, follow up for all legal documentation and make sure that all of the information you are given is correct.
Here are signs that it could be a debt collection scam:
- They violate the FDCPA. Visit the Federal Trade Commission’s site to look over the protections offered by the Fair Debt Collection Practices Act. Never agree to work with any collector who willfully violates any part of this law.
- They demand payment on a very short timeline. If a collector demands payment by the end of the day, they’re likely to be a scammer. It’s reasonable for any collector to have a deadline for repayment, but if the timeline is very short, you should be suspicious.
- They can’t give you details about the debt. If a collector truly owns the debt, or if they were assigned the debt by your creditor, they should be able to know where the debt originated, how much is owed and any other similar details. They should also be able to provide these details in writing.
- They demand unusual payment methods. You should have multiple options for how you can repay a debt (and the only one you should use is a cashier’s check). If a collector wants you to send gift cards in the amount of the debt owed, you’re being scammed.
What to Do if a Debt Collector Sues You
What happens if you don’t pay debt collectors? It is likely that a collection agency may turn to the courts to legally compel you to pay or garnish your wages.
Here at creditanddebt.org, we do not offer legal advice. If a collector sues you for repayment of outstanding debt, get qualified legal advice from an attorney.