Making Debt Collectors Play Nice

It used to be that debt collectors had the upper hand when it comes to dealing with debtors. These days, the table has turned, giving thousands of debtors a fighting chance against abusive debt collectors. If you are dealing with a debt collector and you have little clue on how to make them play nice, we compiled helpful tips below:

Demand Debt Details

In the past, debt collectors would use just about every scare tactic in the book to make debtors pay for debts that they may or may not owe. When the Fair Debt Collection Practices Act was passed in Congress, debtors can now demand for information pertaining to the debt. For instance, if you are unsure that the debt is indeed yours, you can dispute the debt claims within 30 days. In turn, the debt collection company has to resent evidence that the debt is indeed yours. The debt collection company is not allowed to collect the debt during this time.

Limit Communication/Correspondence

Gone are the days when a collection agent can call you at work demanding for money or scaring you into paying by threatening to discuss your debt with your employer. By law, they are prohibited from calling you at work or at certain hours during the day and night. They cannot repeatedly call you to threaten, harass or use harsh language to get you to pay. They are not allowed to discuss debt information with other people, including your relatives. If you hired an attorney, they are only allowed to discuss the debt through your attorney.

Cease and Desist Letter

Debt collectors are infamous for their persistence. Put a stop to all collection efforts by sending a Cease and Desist letter via certified mail with return receipt requested. Let them know that you no longer wish to be in communication with them and would rather communicate via mail and nothing else. Most collection agents will stop once they received a cease and desist letter and will only hear from them once they file a credit card lawsuit. However, for others that did not stop, you can file a complaint and receive a fine for it.

The Fair Debt Collection Practices Act helps you deal with abusive debt collectors and prevent them from ever harassing you again so make sure you learn more about local and state rules in your area before you start discussing the debt you allegedly owe with a debt collectors.

A Thing Of The Past: Unfair Debt Collection

Evidence of deceptive, abusive and gross misrepresentation by debt collectors companies have been found in abundance with years of unsavory behaviors on record. As such, Fair Debt Collection Practices Act or FDCPA was passed by the Congress in 1977 to minimize the escalating cases of abusive and unfair debt collection practices in the country.

One of the most common concerns regards unpaid debts include the number of attempts collection agents can call regarding the owed money. It can be quite a nerve-wracking experience to be on the receiving end of these collection calls and letters. Under the FDCPA, debtors can set boundaries as far as collection efforts are concerned. Collection companies can no longer call debtors at the dead of the night or extremely early in the morning to collect. They can no longer call them from work without permission. They can no longer call at any time they want. If they do, debtors can file a complaint and collect a fine. However, debtors need to provide documented evidence proving that abusive debt collectors or junk debt buyers have violated their rights.

Very old, out of statutes debts can no longer be collected. This means collection companies can no longer threaten debtors with a credit card lawsuit or file a credit card lawsuit for out of statutes debts, for that matter. Even if the debt is within statutes, collection companies cannot simply threaten debtors with a credit card lawsuit without any follow through.

It is important to check the statutes of limitations as well as the local court laws in your state if you are dealing with debt claims. The fact is, nothing is preventing debt collectors from making false representation on debt statuses at all. This is why it is important for debtors to take the liberty of knowing more about consumer rights laws and how to deal with abusive collection companies. This is why you should never pay a debt unless you are sure that all information given to you are verified. Anyone can send collection letters and phone calls but if these debt claims don’t come with all information that pins down the ownership of the debts to you, you have to dispute the claim.

If you are disputing a debt, make sure you have all the evidences you need to prove your own claim. You will need to have documented proof if you want your claims to hold weight in court.

A Thing Of The Past: Unfair Debt Collection

Evidence of deceptive, abusive and gross misrepresentation by debt collectors companies have been found in abundance with years of unsavory behaviors on record. As such, Fair Debt Collection Practices Act or FDCPA was passed by the Congress in 1977 to minimize the escalating cases of abusive and unfair debt collection practices in the country.

One of the most common concerns regards unpaid debts include the number of attempts collection agents can call regarding the owed money. It can be quite a nerve-wracking experience to be on the receiving end of these collection calls and letters. Under the FDCPA, debtors can set boundaries as far as collection efforts are concerned. Collection companies can no longer call debtors at the dead of the night or extremely early in the morning to collect. They can no longer call them from work without permission. They can no longer call at any time they want. If they do, debtors can file a complaint and collect a fine. However, debtors need to provide documented evidence proving that abusive debt collectors or junk debt buyers have violated their rights.

Very old, out of statutes debts can no longer be collected. This means collection companies can no longer threaten debtors with a credit card lawsuit or file a credit card lawsuit for out of statutes debts, for that matter. Even if the debt is within statutes, collection companies cannot simply threaten debtors with a credit card lawsuit without any follow through.

It is important to check the statutes of limitations as well as the local court laws in your state if you are dealing with debt claims. The fact is, nothing is preventing debt collectors from making false representation on debt statuses at all. This is why it is important for debtors to take the liberty of knowing more about consumer rights laws and how to deal with abusive collection companies. This is why you should never pay a debt unless you are sure that all information given to you are verified. Anyone can send collection letters and phone calls but if these debt claims don’t come with all information that pins down the ownership of the debts to you, you have to dispute the claim.

If you are disputing a debt, make sure you have all the evidences you need to prove your own claim. You will need to have documented proof if you want your claims to hold weight in court.

Practical Ways To Deal With Unexpected Debt Claims

The slightest misstep in a debt claim could result in costly consequences, which is why it is important to determine how to deal with a debt collector the right way. Under the Fair Debt Collection Practices Act, debtors have a fighting chance against abusive collection agents who are willing to cross the line for a few thousand dollars in credit debt. Below are simple steps on how to handle a debt collection letter from the mail:

Validate the Debt First

You can’t pay for something without verifying whether or not you really do owe money. Unfortunately, many debt collection agencies send collection letters to the wrong address! Under the Fair Debt Collection Practices Act, debtors have the right to ask for debt validation from the collection company. Five days after you first contacted the debt collector, they must present a letter telling you the specifics of the debt’s ownership.

Raise a Dispute

In some cases, collection companies will try to collect out of statutes debts. If the debt is extremely old, it is best to check your state’s Statutes of Limitation on consumer debt. If your debt is out of statutes, the debt collection agency can no longer collect nor can they file a credit card lawsuit. If your debt collector is threatening you with a credit card lawsuit on out an out of statutes debt, you can turn the tables and go after them for crossing the line.

Limit Interaction

Under the FDCPA, you have the right to outline when and how a debt collector can contact you. For example, if you do not want to be phoned at certain hours, you can notify them. If you do not want to be phoned at work, you can inform them and should they persist with collecting the money the way they want at the time they choose, you can file a complaint and go after them. If the collection agent or agency was found to have violated your rights, under the FDCPA, they will have to pay you for damages done for harassment.

In addition, you can stop debt collectors from using threats or foul language to scare you into paying the debt. If you show that you will not tolerate such behavior, they are likely to take the message and back down.

Don’t be fooled into thinking that your debt collector has the upper hand when it comes to debt claims. It is important to know your rights and learn how to protect yourself from unsavory behavior in debt collecting.

Collection Agency Laws: Most Frequently Asked Questions

Despite certain laws being enforced to protect consumer rights, many debtors are still facing grave threats and abuse from determined collection agencies who want to extract every single penny they can get their hands on. Now, the key in protecting yourself against these abuses is to arm yourself with information in protecting consumer rights under the Fair Debt Collection Practices Act or FDCPA. Below are answers to some of the most frequently asked questions about FDCPA:

Apart from consumer debt, does the FDCPA apply to business debts as well?

Unfortunately, business debtors do not have the same rights as consumer debtors. Therefore, the FDCPA do not apply to business debts.

I'm getting collection calls day and night, are collection agencies allowed to call debtors at any given time?

By law, collection agencies are not prohibited from calling debtors before 8 in the morning or beyond 9 in the evening, in your time zone. While there is no definite rule on how many allowable times a collection agent may call a debtor, it is understood that they cannot use collection calls as part of their efforts to have the debt repaid.

Can I get arrested for unpaid consumer debts?

The quick answer is no, you cannot get arrested for consumer debts nor face jail time for it. Only a court of law has the power to release a warrant for your arrest, not the debt collector. If you were threatened in any way, of having the police arrest you for your debts, they are violating your rights and you can sue them for it.

Can a collection agency file a credit card lawsuit for my unpaid credit card debts?

Yes, some collection agencies would file credit card lawsuit and they have the right to do so. However, they cannot threaten a debtor with a credit card lawsuit unless they followed through. In addition, creditors can no longer file a credit card lawsuit nor threaten to file a credit card lawsuit if the debt is no longer within statutes.

I still get collection calls for old debts, is this legal?

Yes, they can collect old debts as long as the debts are within statutes. Each state has different rules regarding the statutes of limitation. Usually, the statutes of limitation will range from three to ten years. Once the debt is out of statutes, the creditor can no longer collect it nor can they file a credit card lawsuit or threaten you with taking legal actions.

What can I do to stop all collection efforts?

A Cease and Desist letter sent to the collection agency is one of the simplest ways to stop all collection efforts. They can no longer call you at ungodly hours nor contact people around you discussing your finances.

How To Fight Back Against Debt Claims

It’s a scary thought to receive a collection letter for unpaid credit card debt. However, for many debtors who does not know how to properly handle a debt claim, we laid out a simple step by step instructions on how you can fight back against debt claims and avoid harassment.

Step 1: Read and Understand the Notice

The Fair Debt Collection Practices Act give debtors the upper hand in any consumer debt claims so don’t be too quick to hand over your hard earned money once you see a collection letter in your mail. First, read and understand the notice and then check if they got the right person. Some collection agencies are known for sending collection letters to the wrong address. Note if the debt amount is clearly defined and their contact details, so you can respond accordingly.

Step 2: Respond to the Notice

Once you read and understood the notice, it’s time to respond to it. The worst thing you can do at this point is to ignore the notice as this could result in a credit card lawsuit. Your silence over the issue could be translated as consent on the debt’s ownership! You will be given 30 days to dispute the debt so make sure you send an appropriate response within the given time frame.

Step 3: Check the Rules

If the debt is sent to you by mistake, it’s important to let the debt collection agency know in writing. Send the letter via certified mail with return receipt requested. On the other hand, if you own the debt, it’s best to check if the debt is within statutes. If the debt is out of statutes, the creditor can no longer file a credit card lawsuit nor threaten you with filing a credit card lawsuit to get you to pay.

Step 4: Take Action

Accepting or rejecting the debt claim is entirely up to you. If the debt is indeed yours, you can either offer a lump sum to repay the debt or propose a payment plan. If the debt is valid and legal, it is best to do the right thing and repay the debt to avoid a credit card lawsuit. However, do not respond to threats, abusive behavior or bullying. If such things occur during the course of the debt validation, you can sue the debt collection companies for violating consumer rights under the FDCPA.


Don’t be afraid to speak up if the debt collection company has crossed the line, threatening you with credit card lawsuit with no follow through and even jail time.

Debt Settlement Companies: Should You Trust Them?

Many debtors work with debt settlement companies, being required to pay the money via escrow and once the fund reaches a certain amount, the company will try to settle the accounts for them. Unfortunately, most of the payments debtors make only covers the extra service charge and other fees that debt settlement companies make them pay. If you have been paying less than a thousand dollars for ten months and your debt, settlement company hasn’t even contacted your creditor, who gets all the benefits? You, your creditor, or the debt settlement company? The answer is pretty obvious.

While you pay hundreds of dollars for almost a year, your creditor will get tired of waiting and your debt settlement company will continuously collect all your hard-earned money. It’s not surprising that many debtors lose all their cash after their creditors filed credit card lawsuit. Most debt settlement companies are in it for the money, so debtors need to tread carefully before they agree into something that these companies offer. If the offer is too good to be true, it probably is.

You are much better off handling your legal and financial problems yourself rather than trusting a debt settlement company to pool all your cash and work with your creditor. After all, why settle working with a middle person when you and your creditor can strike a deal on your own?

It’s no surprise that many debt settlement companies are being deemed as a scam or at best, totally incompetent in terms of settling the debt. When in doubt, it is always better to check other options you have. You can either hire an attorney to deal with the credit card lawsuit, in case your creditor pressed charges against you, or if not, get the attorney to work out a sensible repayment deal with the creditor.

On the other hand, if you cannot afford a lawyer, you can always research on how to properly negotiate a debt settlement with your creditor directly. Don’t wait until your creditor decides to file a credit card lawsuit, give the right person a call, initiate the negotiations and propose a payment plan you can afford.

However, if your creditor filed a credit card lawsuit, you can always check online or purchase eBooks on how to properly represent yourself in court. Familiarize yourself about state laws, federal laws and court rules in your area if you are presenting yourself  Pro Se, in court.