The debt collection industry is notorious for profiting from people that are struggling to pay their debt. They take advantage of the fact that most debtors don't know their rights regarding the collection of a debt.
If you are in default (delinquent) with one or more of your debts, please take a few minutes of your time to understand your rights as a debtor. It will save you much heartache. This is a simple-to-understand article that explains the set of laws that the federal government established to protect the rights of consumers.
Protect Yourself from the Debt Collection Industry... Know Your Rights
The debt collection industry injects fear as their primary weapon. Many debt collectors will do almost anything to collect a debt. The following are several of the many possible lies and deceits that the debt collection industry utilizes:
• informing the debtor that if the debt isn't paid in full, they will repossess his home or auto.
• scaring children by telling them that their parents will go to jail if they don't put them on the phone!
• threatening a debtor to pay an old debt that she is no longer legally responsible to pay, or a debt that isn't her's.
• unlawfully discussing an unpaid debt to a debtor's family member other than his spouse; discussing the unpaid debt with a neighbor or the debtor's employer.
• calling during prohibited hours.
Credit card debt is unsecured. This means that your creditors don't have any collateral for the credit that they extend to you. Nobody from the debt collection industry can: repossess or make you sell any of your assets in order for you to pay your debt. This includes your home, car, or savings/investments. Furthermore, they cannot garnish your wages or send you to prison!
In order for the debtor to buy more time, or not being held liable to legally repay the debt, he/she may demand that the debt collector validate the debt. This strategy is known as debt validation.
Outwit The Debt Collectors At Their Own Game!
Debt collectors are like flies. You swat them, but they still keep coming back. They will try to fill your head with lies and scare tactics in the hopes that you will pay the debt in full.
The debt collection industry often acts like detectives. Their goal is to elicit incriminating information. Armed with that information, they can use it as leverage and threaten to sue you. Or, they will try to make you feel guilty to a point where you agree to immediately pay them in full. Remember, you may not even be legally responsible for paying your debt in full, or at all
When they call, you may tell them that you are making a written request for them to validate the debt that they are trying to collect. Don't acknowledge that the debt is yours. Then immediately hang up the phone. Don't allow them further discussion. There's nothing to be gained but a headache if you continue to speak with them.
After your request for validation, the debt collectors most likely will know that you are no pushover. They probably will assume that you know your rights. Future debt collection calls should decrease, or diminish.
Another effective technique to outwit the debt collection industry is to simply change your phone number. What's more, you can order a privacy manager from your phone company for about $12-$15 per month. This is a screening device that automatically directs calls that aren't on your "pre-selected list of contacts" to voice mail. Convenient, huh?
In addition, if they call your place of employment, you can legally tell them not to call there, as your employer doesn't allow personal calls or that it's an inconvenient place to discuss business.
Last, you may send the debt collectors a Cease and Desist notice. This letter will prohibit them from future communications with you, with the exception of: a) the debt collector informing you that further efforts to collect the debt are being terminated. b) notify you that specific remedies may be used to collect the unpaid debt, e.g. filing a lawsuit. c) inform you that specific remedies will be used to collect the unpaid debt.
If you choose debt settlement as a method of debt elimination, then a professional debt negotiation company will provide written correspondence on your behalf, in order to communicate with your creditors. Many of these form letters are prepared by attorneys.
The letters will inform employees of the debt collection industry that you are saving for a settlement offer. This can buy you time so that the debt settlement company can devise a strategy for negotiating on your behalf.
You are now armed with the basic knowledge that you need in order to handle the debt collection industry. Good Luck!
My name is Joseph, and I’m a debt counselor with Debt Free Solutions, a debt consulting agency located in Long Beach, CA. I have been assisting people with excessive credit card debt since Oct., 2000.
I have developed a deep-rooted passion for helping Americans fight back and escape the credit card trap. When I was in my early twenties, I naively succumbed to the credit card schemes and I nearly filed bankruptcy. In those days, I was not familiar with debt relief programs.
The reason why I didn’t file bankruptcy is because I would have felt like a failure. I ended up working two full-time jobs for the next four and a half years to pay-off all my credit card debt, and one personal loan.
I’ve walked in your shoes. I can feel your pain and every sleepless night that you may be experiencing. I want nothing more than to payback the credit card companies for all their games that they played in order to try to keep me in debt forever.
Yes, I admit, I am responsible for my past debt problems. However, there is something inherently wrong when a creditor knows that a debtor is scraping to make minimum payments and the only thing the creditor cares about is how to extend more credit. I urge you to fight back. Get rid of your debt; put it all behind you-whether you do it on your own or through a debt relief agency.
http://nomoredebt.debtfreesolutions.mobi
(562) 483-2040
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