March 11, 2008
FDCPA - How To Deal With Bill Collectors
It is a constant source of headache when the bill collectors come knocking at your door. However, there are ways in which you can learn to deal with such stressful situations. Your main aim is to safeguard yourself and to handle the debt collectors properly.
There is an act that was designed just for individuals that are trying to cope with the overzealous bill collectors. The Fair Debt Collection Practices Act is a guideline that must be followed when a debt collector is attempting to collect payment on a debt. It is illegal for a debt collector to call a residence before 8 a.m. and after 9 p.m.. They are also not allowed to threaten the garnishment of wages or harass you with phone calls after you have asked them to stop calling you. For more information go to => www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#801.
If you have an answering machine, you can screen your phone calls before you answer them. Adding anonymous call blocking to your phone line can also help from receiving the unwanted collection calls. Well, at least from having to talk with the person on the other end. However, if you decide to answer the phone you can request that the collector no longer call you. Once you have stated to them that you don't want any further phone calls, legally they have to stop the phone calls to you.
Before you take some of the more drastic measures, you should consider making arrangements with the company to pay off the debt. In many cases, the collector is authorized to reduce the amount owed in order to collect the money. Usually, if you make payment arrangements on the debt, the collection calls from that company will stop.
Keep a log of all calls between yourself and the collection agency. If you have agreed to any payments be sure that you write it down as well as the person you made the agreements name with. Try your best to keep the agreement you have made, if you are unable to keep it notify the company as soon as possible. If you have indicated that the collector cease calling you, you can record any further calls made to you by them. Just make sure you notify them that the phone call is being recorded. This is usually very effective in making them cease the harassing phone calls.
In most cases, you will be able to negotiate the amount of money you will be paying off. It is common for the agency to get a small cut of the amount they can successfully retrieve. So, in many situations they will accept a smaller payment in order to collect any money. In their eyes, any money is more than nothing.
If you agree to a smaller payment, be sure to request that there should be no further negative marks placed on your credit report. Also, be instant that they promptly report the payments made as well as adjusting the amount that is owed on your credit report.
After you make an initial good faith payment, you should receive an agreement. In this agreement it should state the amount that is owed as well as the terms of the agreement. Send as little of a first payment as possible. This will ascertain that they keep to their word and do as the contract states.
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