Debt Collection Help
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Debt collection help can be found by understanding consumer rights about fair collection practices and knowing what can be done about harassment from creditors and third party collection agencies. Collection agencies often employ people who are not swayed by sympathy. Their job is to collect the money and that is what they try to do. When a debtor stays calm and composed and is not easily intimidated the collector may try scare tactics. When a collector makes threats of a lawsuit or garnishment of wages they are out of line. Threats of any kind are considered harassment. The Fair Debt Collection Act protects consumers from harassment by collection agencies. Individuals working for agencies are not allowed to use profanity or abusive language to collect a debt. Debt collection help should be sought anytime this type of behavior takes place. "My help cometh from the LORD, which made heaven and earth" (Psalm 121:2).
One thing that a debtor can do is to tape the phone call. Let the agency know the conversation is being taped. This might help in keeping the conversation from getting out of control. In addition, keeping notes about the conversation can count as a record. Note the time and day of the call, the name of the caller, and what was said. Knowing your rights as a consumer can make a difference on how the conversation goes. Let the collector know that he or she can get in trouble for harassment. If harassment is a problem then write a letter to the agency and note specifics on what was said including who said it especially any threats and ask that contact discontinue immediately. Mail the letter return receipt requested. If the harassment does not stop then contact the Federal Trade Commission (FTC) and the Attorney General's office for debt collection help.
A consumer who is being contacted by an aggregate agency should take it seriously and become familiar with the state laws for debt collection help. If the account is legitimate then working out a payment agreement would be good. The best thing to do is to agree to send payment on such and such date. Some collectors may try to talk the debtor into sending several post dated checks and make promises that they will not cash them until the date noted on the check. Sending post dated checks is not a good idea. In addition, an agency may try to get a debtor to agree on sending automatic payments through a checking account. Do not give a collector any bank information or personal identification information. If the person who is working for the agency is not honest he or she may be tempted to use the information for personal gain.
When an aggregate agency begins collecting for a past due account the initial contact should be through a letter with the account information so that the debtor can verify or dispute the debt. If the past due account does not belong to the debtor then he or she will need to send a letter back to the agency disputing the account. The same thing should be done if the account is legitimate but the amount owed is not correct. In this type of situation the debtor should send the latest information that is available showing the past due amount to the agency. If the agency tries to collect on a past due account that does not belong to the debtor and have ignored the letter or letters disputing the account then debt collection help may be needed. A debtor should send a certified or return receipt requested letter asking the agency to discontinue their collections. If collections continue then the debtor will have to contact the FTC or the state Attorney General's office for further help.
Under the Fair Debt Collection Practices Act (FDCPA) the debtor has the right to request validation of the past due account that the agency is trying to collect on. After receiving the initial letter from the agency the consumer should contact the agency with a letter within 30 days of receiving the first letter and ask for validation of the account that is past due. Validation should include the original contract with the original creditor signed by the debtor and the history of payments and interest or fees charged. If the agency can not verify the past due account then they can not collect on it. This means that they can not call the debtor or contact the debtor at all and they can not place the account on the person's credit report. The debtor can sue any agency who is in violation of this and will probably be awarded money for damages of the violation. For debt collection help on this type of scenario the person should talk to the FTC or an attorney.
An aggregate agency must be legally licensed to collect a debt according to the state that the agency resides in. Some states may not require licensing. For debt collection help to find out if the state requires a license, the debtor can contact the state offices to find out. Even if the state does not require licensing the agency is still bound by the guidelines of the Fair Debt Collection Practices Act. If the agency does not validate the debt then the debtor can have the account removed from his or her credit report on the grounds that the agency could not validate the debt according to FDCPA. For more information an individual can do a search online about debt collection help.
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