Facing debt collection calls can be intimidating. This comprehensive guide equips you with the knowledge to navigate these situations, ensuring you understand your rights and can take control of the conversation.
Introduction:
Getting a call from a debt collector can send shivers down anyone’s spine. It’s a situation that can quickly turn stressful, especially if you’re not sure how to handle it. However, what if I told you that understanding your rights could transform these daunting interactions into manageable, even empowering, conversations? In this blog, we’ll unpack the essentials of dealing with debt collectors, from recognizing their tactics to legally disputing unrecognized debts. Get ready to arm yourself with knowledge and confidence!
Why Would a Debt Collector Be Calling Me?
Debt collectors start dialing your number for a few reasons. Maybe you’ve missed a payment or two, and your creditor has handed over the reins to a collection agency. Or perhaps a debt buyer now owns your debt and is on a mission to collect. Sometimes, they might even be trying to locate someone you know. Remember, they’re not allowed to disclose anyone’s debt details during these inquiries.
First Steps When Contacted by a Debt Collector
The initial contact from a debt collector is daunting but it can also be your cue to gather as much information as possible while keeping in mind to share as little as possible. Asking for the following will help you gain more insight and gain control of the conversation.
- The caller’s name.
- The name of the collection agency that the collector is calling on behalf of.
- An address at which you can contact the collection agency.
- The name of the creditor.
- The amount the collector claims you owe
While they are answering these questions it is best to compose yourself and ensure that you avoid saying anything that could be considered an admission that the debt is yours. Second, don’t provide them any additional information on you including addresses, new phone numbers, emails, and especially sensitive personal information.
After they provide the information you can simply request to end the conversation by stating,
“I request that all further communication be done via physical mail. I don’t permit you to contact me using any other means other than physical mail.”
Golden Rule: Always Ask for Validation
The Fair Debt Collection Practices Act (FDCPA) is your best friend here. It holds several laws that are aimed at protecting consumers from deceptive and unlaw collection practices. Of them is one of my favorites which requires debt collectors to provide information that validates the debt upon your request.
To start, once they receive this request they must stop their collection efforts until they mail you the required documentation. Here are the following they must provide in order for you to recognize if the debt is yours:
- A statement that the communication is from a debt collector
- Your name and mailing information, along with the name and mailing information of the debt collector
- The name of the creditor you owe the debt to
- It is possible that more than one creditor will be listed
- The account number associated with the debt (if any)
- An itemization of the current amount of the debt that reflects interest, fees, payments, and credits since a particular date
- The current amount of the debt when the notice is provided
- Information you can use to reply to the debt collector, such as if you believe the debt is not yours or if the amount is wrong
- An end date for a 30-day period when you can dispute the debt
Note They Must, Validate the debt, not Verify the Debt.
Debt collectors like to provide verifying documents such as old statements and internal memos from creditors that aren’t required to validate the debt. Regardless of their tricks, let’s discuss your options.
Disputing the Debt: What Are Your Options?
Not all responses from debt collectors are created equal. If they fail to provide validation, or the information doesn’t add up, you have several responses:
No Validation Provided: If 30 days pass without a response, consider sending a formal complaint to the Consumer Financial Protection Bureau (CFPB) and the Better Business Bureau (BBB). We recommend using an estoppel by silence letter referencing the Engelhardt v. Gravens case.
Incomplete Validation Documents: Demand further documentation such as original agreements with your signature and include a cease and desist language within your correspondence to halt their efforts while you dispute the claim.
Unrecognizable Debt That Isn’t Yours: File a report with the FTC and consider getting a notarized affidavit to bolster your case against the collector.
Validated but Still Doubtful: Negotiation is key here. You might work out a settlement or consult a credit repair agency to identify any potential compliance breaches by the collector that could get the debt removed from your credit report.
You’ve got 30 days from receiving the validation notice to dispute the debt. Sending a dispute letter within this timeframe halts collection efforts until the collector proves the debt is yours. Missing this window complicates things, but it’s not always the end of the road. Remember, statutes of limitations vary by state, so keep an eye on the clock.
Wrapping Up: Empower Yourself Against Debt Collectors
Facing debt collectors doesn’t have to be a nightmare. By understanding your rights and knowing how to respond, you can handle these calls with confidence. Whether you’re disputing a debt or figuring out your next steps, remember: knowledge is power.
CFPB Debt Collection Sample Letters
Do these insights and strategies provide the clarity and confidence you were looking for to handle debt collection calls? Let’s ensure we’re on the same page! Schedule a call with one of our credit restoration experts for complimentary advice regarding your collection debt situation.
