How to Bully a Debt Collector
by ET Barton on Jan 31, 2008 with 92 Comments
Debt Collectors lie. Period. They will tell you anything and everything to get you to give them money. Follow these tips, and you can make them do what you want them to do.
Although every state has different laws and rights regarding Consumer Debt, Collection Agencies have very few rights when collecting yours. However, since debt collectors want to create a sense of urgency for you to pay your debts and pay them quickly, they will often make up lies in order to “scare you” into paying. Thanks to the FTC’s Fair Debt Collection Practices Act designed to “eliminate abusive, deceptive and unfair collection practices,” collection agencies have fewer rights in their debt collection procedures. So, here are some of the truths behind the debt collectors’ lies, and advice on how to bully them into taking what they can get.
LIE # 1: “We are going to take you to court and sue you for everything you own.”
THE TRUTH: A debt collector cannot take a consumer to court unless they are located in the same state you are. This is the rule for the majority of states, and you can find out your exact rights at your local District Attorney’s office.
BE THE BULLY: When a debt collector threatens to sue you, don’t be intimidated. They want you to pay them NOW, but you need to remember to do what’s best for you. Whether or not they can take you to court, you want to be assured that they do have your debt by calling the original debt company first. If they do have your debt, ask the new debt collectors “How much will they settle for?” Don’t offer an amount; let them throw out the numbers first. They will try to get you to make monthly payments for the full amount, but if you tell them you want to pay them off, they will give you a settlement amount as low as 30% of what you owe and you will be paid off forever within three to four months.
LIE # 2: “We will keep calling you until you pay off our debt.”
THE TRUTH: A Creditor CANNOT call you if you inform them that you only wished to be contacted by mail. Depending on the state, continued debt collection calls would give you a case against them IF you have made it clear you only wish to be contacted by mail. If you don’t wish to speak with them regarding your account, simply send them a “Cease and Desist” letter thereby creating documented proof (handy evidence if you ever do sue them).
BE THE BULLY: When a debt collector calls, if you are not ready to negotiate with them, demand that they stop calling you and hang up. More often then not, they called from a computer that randomly telephones their clients. By hanging up, they will not be able to call you back to chew you out for your actions.
LIE # 3: “We will call your boss and get you fired if you do not pay off this debt immediately.” Or, “We will have your boss garnish your wages if you do not pay off the debt now.”
THE TRUTH: A Creditor cannot call your workplace and talk to your boss, and they cannot garnish your wages without a court order. Again, harassment gives you the right to sue them, especially if you get in trouble for their phone calls.
BE THE BULLY: They should not have your phone number, but if they get it and they call you at work, tell them to remove that phone number immediately and order them to only contact you by mail. Hang up on them whenever they call, and then let your boss what is going on. This way, your boss will know that you are not encouraging the collection agency’s irritating actions.
LIE # 4: “We will repossess everything you own until you pay us off.”
THE TRUTH: Credit card debt is unsecured debt. This means that you have not guaranteed payment to them and they cannot try to repossess any of your possessions. However, homes and cars can be repossessed as these are secured loans and you did guarantee that you would pay the items off when you signed the paperwork. In the case of secured credit cards, you deposit money into a bank account equal to your credit line, and if you do not pay, they get to keep that money to pay off your debt. Other then that, the only time they can collect is if they have taken you to court and won…but that’s a different matter.
BE THE BULLY: When debt collectors call you looking for payment, you can ask them not to contact you by phone. While home loan lenders and car lenders do need to have a phone number when you have an open account, you can direct them to your home instead of your cell phone. If and when they do call, tell them when you expect to have the money for the payment, and be firm that you will make the payment at a later date. They will try to wheedle the money out of you then, and only allow them to take a payment that you can afford. Remember, you have the power and repossession is a last resort for them.
LIE # 5: “We will ruin your credit forever.”
THE TRUTH: No one but you can ruin your credit “forever.” Even with identity theft, there are steps you can take to protect your good credit. Any negatives that a debt collector puts on your account is only there for approximately seven years from the date it was first reported. After seven years, it will drop off and your credit score will go up.
BE THE BULLY: Don’t even deal with them. If they are telling you this, they are lying to you and they will continue to lie to you. Tell them to “put it in writing” and get off the phone with them as soon as possible.
LIE # 6: “We cannot send you a letter verifying this conversation.”
THE TRUTH: Every business has printers and faxes and emails these days. When a collector says they cannot send you a letter verifying whatever they are telling you, they are lying to you so that they can get their own way.
BE THE BULLY: Continue to insist on receiving a letter verifying your payment agreement, or whatever promises they are making you. If they tell you they cannot, tell them you will not pay them until you receive it. Insist that they at least email it to you (as email provides a digital signature and timestamp), or that they fax it to you if they have a fax. If they do manage to talk you into paying, let them know that you will cancel the check if you do not receive that letter. Otherwise, they will take your money and screw you over.
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Published in: Personal Finance
louie jerome | Jan 31, 2008 | Reply
Interesting article for anyone in US. The laws here is UK are slightly different but we do have them to restrict unfair debt collection tactics.
REDHEDDAD | Jan 31, 2008 | Reply
WHY NOT JUST PAY YOUR BILLS LIKE MOST OF THE WORLD. SHEEESH
?? | Jan 31, 2008 | Reply
Why should someone have to bully you for you to pay the money that you PROMISED you would pay them in the first place…..??? Meh
Erica Barton | Jan 31, 2008 | Reply
Thank you Louie for the nice comment.
For Redheddad and ??, I write these articles for people who hit hard times, not for people with perfect credit. I write them so those who are being harassed by lying debt collectors can know what their rights are and know how to deal with them. Your comments are not constructive…they are just rude and holier-then-thou. Please just keep them to yourself instead of trying to make yourself feel good by bringing others down.
Arbit Hero | Jan 31, 2008 | Reply
Nice read..
I got to know many of my rights.. I never knew that a company cannot call you if you ask them to mail you.
Thanks
A Citizen | Jan 31, 2008 | Reply
WHY NOT JUST PAY YOUR BILLS LIKE MOST OF THE WORLD. SHEEESH
Why should someone have to bully you for you to pay the money that you PROMISED you would pay them in the first place…..???
The real number of people who intend to defraud a credit issuing agent is far lower than our cynical and often compassionless general public might otherwise believe. In an economy as dangerously on the brink as the US economy is, it isn’t hard to imagine being laid off without notice. It’s happened to me 5 times in 15 years.
Catastrophic illness is another scenario that might lead to not being able to meet a payment obligation. A friend of mine related to me a few days a back a story about being hounded by collectors trying to get her sister to pay a debt. The debt was a hospital fee and her sister was a twelve year old girl (at the time) and in a coma.
I have little sympathy for a guy who makes 20K and racks up 20K in debt on a home theater, spinners, and a bunch of useless BS, but those guys are not the majority of victims. Most are families who are choosing between food, medicine, and a $300 Visa bill. Visa, I believe, can wait.
Some collectors operate ethically, but many do not, and when a debt gets to collection it means that something went wrong in the system and the creditor failed to work with the debtor properly. Unethical collectors are predators who make profit on misery, and are in my opinion, lower on the chain than telemarketers and drug dealers.
And lets not forget, we live in a culture that preaches consumerism. Never mind the advertising world that hammers on every one of us to buy, buy, and then buy, and the pressure that creates. Just two days ago, a Republican (no judgment, he just happened to be Republican) Representative said on the House floor that he supported passing Bush’s economic stimulus package without delay so that citizens could “do their duty of being good consumers” as if saving money and spending responsibly were somehow unpatriotic. So we hammer home this Milton Friedman philosophy of conspicuous consumption, and then condemn people for doing exactly that.
So maybe, just to be compassionate humans, we could just step back and consider all the reasons people get into debt troubles, and together, support solutions to solve the problem rather than just taking the easy way out and blaming victims.
Jennifer | Jan 31, 2008 | Reply
GREAT article! I have detested debt collectors since I was a little girl. At that time, my mom was a single parent of two, working a full time retail job and going to college, trying to make ends meet… as much as she tried, some bills just went bust. She was at school one day and a collector called. My mother had always told us that if someone called and it wasn’t her, to tell them she was in the bathtub. I did just that, and this “wonderful gentleman” told me to get her out of the tub or he would come over himself to talk to her. I hung up, in tears, scared to death this man was going to come over and do horrible things.
Since then I’ve dealt with my own collectors once or twice, and each and every one has been bullying, no matter how much I try to help. I’m going to keep this info, for later reference… but I hope never to have to need it again!
the master of them all | Jan 31, 2008 | Reply
we have one or two but never have any problem in fact if I wanted a £1.000 pounds they would give it me because they know i will pay it back when ever. it’s only your limits you got to watch and you can enjoy it. it’s allot of money when you look at it. the same with shopping some people spend £60-80 where I can get the same for £27 init. no difference from a Rat in London he’s got the hilton and the ritz for there food where others further away have to live for scraps in gardens. see where my wisdom comes in. it’s where you go. Al Derby.
Erica T. Barton | Jan 31, 2008 | Reply
To Arbit Hero, A Citizen, Jennifer and the master of them all…thank you for posting your comments and stories here. I am so tired of seeing people criticize these articles. Articles like this always get thousands of hits within hours of me posting them…which means there is a need for this information. More then 5 million people got laid off from corporate jobs in the last couple years…stuff happens and it is my mission to break down the lies out there and give people hope when they hit hard times. Your comments are compassionate and thoughtful, and remind me exactly why I write on these topics. Thank you.
Tom Farrell | Feb 1, 2008 | Reply
You should definitely check your state’s specific laws and find out what additional rights your state may grant you, and what additional requirements your state may place on debt collectors.
I recently had a problem with a debt collector attempting to collect a debt from me which I did not (and do not) believe to be real. I found out that my state requires all debt collectors to be registered, licensed, and regulated, and that it’s illegal for an out-of-state collector to attempt to collect in my state without a license from my state. I obtained from the regulatory agency a description of how to dispute the debt and what the requirements of the collector were afterward. I disputed it, and the collector failed to follow the rules, but demanded that I pay up. I told them they’d failed to follow the rules and as such had forfeited the alleged debt, and that under the rules this also meant that they were never to contact me about it again. They contacted me again to tell me that I didn’t understand the rules, and to pay up. I filed a formal complaint with the regulatory agency, asking that they bar the debt collector from ever contacting me again and revoke their license to collect debts in my state. A few weeks later I received a letter from the regulatory agency stating that the collector had “voluntarily” agreed to never contact me again.
My state provides a whole bunch of other rights for the citizen and restrictions for the debt collector. Yours may too.
cheryl | Feb 1, 2008 | Reply
WHY NOT JUST PAY YOUR BILLS LIKE MOST OF THE WORLD. SHEEESH
Why should someone have to bully you for you to pay the money that you PROMISED you would pay them in the first place…..??? Meh
Some people have no concept of the real world. One could hope that they never have a catastrophic illness strike their family or that the main breadwinner in their house never loses his/her job. Most people don’t contract with the intention of reneging on the bargain and the advice given here is wonderful. Thanks.
b. radley | Feb 1, 2008 | Reply
erika,
wonderful article!!! recent grads are another group who often find themselves in financial catastrophes. i also like how you stuck it to ??? and redhedad. loved it. thanks.
ranfuchs | Feb 1, 2008 | Reply
of course they lie. It is not illigal, and it is cheaper than anything else they can do
james | Feb 1, 2008 | Reply
a lot of people working for these credit companies are just college drop-outs without any real concerns about you (even though when you signed up for the credit card, you had a different impression). they really irritate me sometimes. however, some are older and tell you about your options. it’s rare, but there’s still a few decent ones.
Teresa | Feb 1, 2008 | Reply
Fact is, debt collectors buy your debt for pennies on the dollar. They pressure you so they make a profit…sometimes a huge profit.
I found that telling them not to call was just dust in the wind. I had to change my home phone number twice in one month. That stopped the calls.
I actually had one debt collector tell me that I was a child and that I wasn’t a good mother. It is unbelievable what they will say to you. Another debt collector never told me that they were a debt collection company. They threw all these legal terms around and had me thinking they were a law firm. It finally dawned on me what they were and I when I confronted them..they said: “So?” That was illegal. They must be upfront and honest with you…but they aren’t. They also asked me if I was employed and when I said yes, they said they will go that route. I said to not call my employer and they said: “why not?” Talk about harassment.
Erica T. Barton | Feb 2, 2008 | Reply
Wow, I did not expect to see so many responses when I got on this morning. Thank you all for your comments. I am so glad that people are willing to share their personal horror stories. Thank you…thank you…thank you. I think by speaking up, you give others courage to face these problems instead of filing bankruptcy.
Mike Paahana | Feb 2, 2008 | Reply
just get another card and use the new 1 to pay the old 1
Samuel Z Jones | Feb 2, 2008 | Reply
Bully the debt collector… Right on! In the UK we call them ‘bailiffs’ and I personally think they’re the scum of the Earth. Why do I think this? Because no working person should make a living bleeding others dry to enrich ‘The Man’, and if that makes me a Leftie then I’m proud of it.
My favourite line is to tell them that I own nothing and the apartment isn’t mine; if they try to enter after that, it’s trespass and you’re legally entitled to defend your home by force.
People shouldn’t feel ashamed when the bailiff calls; these companies, as James said above, buy your debts on the cheap just to make a quick profit; it’s a sick industry that thrives on people’s misunderstangin of the nature of money (since we moved off the Gold Standard, all money is effectively debt). Whatever moral obligation you had vanished when your original creditor washed their hands of you and sold the debt.
Also, Mike Paahana, your suggestion is financial suicide.
louie jerome | Feb 4, 2008 | Reply
#18 Bailiffs and debt collectors are not the same thing in UK. Bailiffs are sent on a court order to collect, but debt collectors just collect debts as a business and will often say anything to get the money. Anyone in UK who wants information on the laws regarding this should visit Consumer Action Group on the web.
IcyCucky | Feb 4, 2008 | Reply
Wonderful and informative article, Erica..This is really useful to know.
QUESTIONS | Feb 4, 2008 | Reply
How can you find out if a debt collection law firm is in fact licensed/bonded to collect in your state??
thanks
QUESTIONS | Feb 4, 2008 | Reply
Also, does the debt collection law firm itself have to be licensed/bonded as a “collection agency” to collect in your state or can the individual (the lawyer who owns the firm) be individually licensed to collect in your state?
Or rather, even if the firm itself is not licensed/bonded can an INDIVIDUAL ATTORNEY from another state file a law suit against you?
I searched my state’s “Division of Professional Regulation Look-up” online database (I searched under collection agencies). The debt collection law firm in question does not appear to be licensed here, as a collection agency that is. So I’m wondering: if a debt collection law firm needs to be licensed as a collection agency, or does the law firm have to be liscensed etc.???
thanks
thanks
QUESTIONS | Feb 4, 2008 | Reply
PS. I have reason to believe that the debt collection law firm that I refer to, in posts #21 & 22, is a Junk Debt Buyer.
Also, I’ve found out that in my state debt collectors need to have a $25,000 bond to collect in my state. How do I find out if they are bonded here?
thanks again
Erica T Barton | Feb 4, 2008 | Reply
To Begin with, Although some may criticize Mike Paahaana’s suggestion of getting a new card to pay off the other card…this is not necessarily a bad idea. Not only can you get a 0% Balance Transfer Fee, which will save you money, but getting a new card can actually raise your credit score. However, if you are dealing with debt collectors, you probably won’t qualify for a new card.
For Samuel Z Jones, you are right about collectors buying your debt for pennies on the dollar. They are actually calling and trying to make a profit off of you.
Louie, thank you for the info. I’m sure many will find it useful.
Thank you for the compliment, IcyCucky.
Erica T Barton | Feb 4, 2008 | Reply
For QUESTIONS: I cannot answer all of your questions since I do not know what state you are in. Every state has different laws, but they usually have very similar practices. If you want to know about a business in your state, you can go to the Secretary of State website for your state and look up the business name. You can also check with the Better Business Bureau to see what may have happened with that company previously. Dunn and Bradstreet is another company that keeps track of a business’s credit history. These are three great resources that can help you find information about your collectors.
If you want to know the exact rights that a debt collector has in your state, check out your local DA’s office. You can walk in and they will give you as much free advice as you want. They will probably also tell you how to find information about your collector…including if they are bonded.
As far as being a junk debt buyer, that shouldn’t matter. If they own your debt, they own your debt. However, after seven years, the debt is usually written off as uncollectable and the collection companies will drop their claim from your credit report. My suggestion is check your Credit Report and call the original creditor if you want to know if they own your debt or not. Then, consider settling with them. This can save you thousands and get collectors off your back forever in regards to that debt.
Good luck.
QUESTIONS | Feb 6, 2008 | Reply
thank you Erica,
I’m in IL and the junk debt buyer firm is in another state…
Is the DA’s office the SAME thing as the State’s Attorney’s office??
thanks again
Erica T Barton | Feb 6, 2008 | Reply
DA stands for District Attorney. I don’t believe it is the same as a State’s Attorney, but since I do not live in Illinois, I am probably wrong about this. I would just recommend that you head to your nearest courthouse and ask where you can get free legal advice for suing someone. The information desk will direct you to the correct office.
Good luck.
Judy Sheldon | Feb 11, 2008 | Reply
I remember leaving New York with my four children, and moving back to my home state of Michigan. I had a newborn, no driver’s license, had just had surgery, and needed to find a job immediately to support my children. The debt collectors would have me in tears. Starting over while walking away from a destroyed marriage is not easy. For those who think “sheeesh, just pay your bills” they need to be more understanding.
Wonderful article, Erica. I would not wish my experience on anyone. I did pay my bills, but there was a lot of sacrificing, and many of those bills belonged to my ex, who currently owes me over $26,000 in child support.
Daniel | Feb 20, 2008 | Reply
My problem was the same as the guy that had the 12 year old sister in a coma only it was me in the coma. They was trying to collect the debt before I even came out of the coma. When I came out of the coma because it was a exotic virus that had put me into the coma, the hospital gave me a one time charity pay off that took care of all the bills. But because the radioligy department was in such a rush to collect and turned it over to a debt collector they didnt get paied. I don’t owe them that money but I get harassed for it every day.
Debt collectors are all jerks the world would be better off without them. Or at the very least I pray every night that they end up with some virus like I had and lose everything. Oh and if you tell them to stop calling most the time they will try to say they cant do that because you have opened a form of communication with them, thats just another of there lies make sure to recored the conversations if you can.
andrea | Mar 3, 2008 | Reply
I have a debt collector calling me on a credit card account Im still getting bills in the mail for and still paying on. I called the credit card company and they said there is nothing on my account that shows why the debt collector is calling me. I told the debt collector to stop calling but they call right back.
ET Barton | Mar 3, 2008 | Reply
Andrea, It sounds like this might be a scam. Check your credit reports and see if they are listed. If they are not, screw em. Get their address and send them a “Cease and Desist” letter, which an attorney can help you with if you need it. You may also want to consider changing your phone number if they continue to harass you, although what I like to do for unwanted callers is to turn my fax machine on during the day and let the collectors talk to the ear-piercing beep.
Nancy | Mar 21, 2008 | Reply
What if you send them a letter and they say it is not valid for the reason you do not have the account number since they never sent you an account number in the first place? Just keep make a lot of phone calls to your home and work? Also my employer has reduced my work hours to next to nothing due to the phone calls and the collector keeps calling anyone and everyone in my workplace – and getting personal information about me from other employees – who shouldn’t be giving my personal information to anyone anyway. Therefore I have been forced to look for a different job.
Sheila J | Mar 28, 2008 | Reply
I owed a company $2000.00. Paid $1800.00 then the debt was sold to a collection agency. As I was unable to keep up with the payments due to job loss. This information was explained and it did not seem to matter because the debt was sold again to another agency with increased fees. It’s been 6 months and I am being contacted by yet another agency requesting that I pay $1000.00 for a debt owed. This one debt was reported on my credit report by the first creditor. It has also been reported on my creit report by every other debt collector since. I have 6 reports on my credit report for the orginal debt, plus the increases by the others. Instead of owing $200.00 I owe thousands to 5 creditors. What can I do about the negative remarks on my credit reports? I have disputed the charges on my credit report, but the collectors are reporting the charges valid and this bad debt is showing up 6x by 5 different collection agencies. What to do after the debt is paid to clear up the negative remarks and improve my credit score?
Laura C | Apr 10, 2008 | Reply
To those that said just pay your bills; sometimes it is not that easy. As a consumer who for 15 yrs had very good credit and paid on time and now have a score under 411….I can say do not judge until you have lived every scenario the rest of have lived. Due to a medical injury that caused me to be out of work for a long time I fell behind on my bills. It was either feed my child or pay the credit cards. So forgive me if I chose not to pay them.
Independent Trucker | May 18, 2008 | Reply
We are in the situation of debt collectors calling and the situation is out of our hands. Last year we were doing great and all was being paid as promised. Just these past six months have been hell. Try running three big rig trucks using 200 gallons each day/each truck at $4.57 per gallon… One year ago no one would of thought something so tragic could happen. I invoiced out 6k this week… now that looks okay : But after fuel of 3k that doesnt leave much (got to pay drivers, buy tires, etc.).
I have some unsecured debt and only two of those creditors will take no situation to mind; and the harrassing begins and continues. Because I have fallen behind, no payments will be taken; only the full balance. Where others are seeing our credit history and realizing there is a sudden problem; these are the creditors who are working with us and have compassion. I can only do with what I have. My first priority is my home, second is food and third is my sons medication he desperately needs. Weve conserved extremely; during the winter, we have torn down part of our barn using the wood to keep fire in the woodstove; not mentioning other scrimping we have done.
I have signed up with businesses that actually buy my invoices from me just so I can keep cash flow; but this company takes 5%. This upcoming week my trucks will not run only because this last week was slow and one truck had mechanical problems…. I dont have fuel money.
I had to deadhead a truck empty from Reno, Nv to our home which was extremely costly. Trucks on the road are now using $90.00 for every 100 miles they travel… yet when Monday comes, the fuel will probably go up again. This not only hits the truckers but all of you too. When we cant run our trucks, pay our bills, we (all in general) will be forced to shut down. Then there comes the stores, food, all commodities, etc. that they will have to up their prices because they cant find some trucker to deliver their product for them. And who is going to pay for all of that? Everyone some time or another….and, unfortunately, many may be sitting in our position with those debt collectors who do not care to work out any sort of program until we are all back on our feet.
I have never been in this situation and dont know how to deal with it. I have told my creditors over and over that I am not, in any way, trying to evade my obligations… and that I just need time to work things out. I offer payments but that is no option with them and they tell me you will just have to put up with the calls. One creditor (not knowing who they were calling for) harrassed me so badly that I am taking them to court for their illegal tactics. They even went against my attorney (who is not charging me a dime/but will take the majority of the settlement).
I could go on and on regarding this subject because its in my home beginning at 08:01 am up to 8:59 pm. I just installed a call program that just answers my unwanted programmed numbers for me. Believe me, this is not a situation self-inflicted; I blame it totally on one little item: the price of fuel.
One Independent Trucker… warming the planet… one load at a time
J. Edwards | Jul 12, 2008 | Reply
My employer was called by creditors and it ended up losing my job and since i live in a right to work state is there anything that i can do to the creditor and if there is where would be a good place to start?
T Adams | Jul 16, 2008 | Reply
I have been contacted by a collector a few days ago. I finally got a letter today with the actual debt. I intend on paying this debt. What they said they would settle for is pretty good. I am trying to get the money together to pay them. Can I send them a letter to dispute to debt to buy me more time? Is that legal even though I have talked to them on the phone? This is a new one for me, I have never had to deal with them before.
ET Barton | Aug 6, 2008 | Reply
To those people who said their credit has been ruined by creditors, there are many easy ways to fix this. Just look for my article “Raise Your Credit Score in 30 Days.” This will give you the step by step instructions needed to bring that score up.
To those who are getting phone calls at work, explain to your employer that you have never authorized personal calls, and that anyone working there has your permission to say you do not work there anymore. Use a nickname at work, and have your clients and friends call asking for you by nickname. This way, you will be able to keep the annoying calls to a minimum…or none at all.
Lastly, keep the faith. Depending on your state, many of these companies have no right to collect in as little as 2 to 3 years. The negatives will also drop off your report automatically in 6 to 8 years (unless you file bankruptcy, and then your stuck with it on your report for as much as 15 years). NEVER ADMIT TO OWING MONEY, or it starts the amount all over again. And if they are not on your credit report, they are probably scammers.
Me again... | Aug 13, 2008 | Reply
Wow… I was right! The last 3 comments were deleted because they didn’t conform to the authors view. Ha! That should tell you something right there. There is NO open forum here people!!! Only a one sided bash-fest (as I stated in my comment that was deleted) An OPEN FORUM website will e posted soon where ANY and ALL comments and view points will be welcome. We’ll make sure to provide a link to those of you who wish to share your experience as well as ask questions and have them honestly answered. Yes I am a manager of a collection agency and have been in the collection field for over 10 years. And I have to say that what Ms. Barton wants everyone to believe is very different than the way the majorities of collectors/collection agencies are, as is very clear by her continual deletion of postings that make her views look bad. By reading what she has written, she obviously doesn’t know the law and the strict guidelines that collectors and agencies have to follow. Again, a link will be posted soon to any and all that want to share their experiences or ask questions and get a REAL answer.
VB | Aug 14, 2008 | Reply
Leave the article up, Erica!
Coming from a person who has never once had a debt collector call and has paid ALL bills on time (and believe me, I had some pretty big ones after college) I want to remind everyone that many people facing bills and bankruptcies are in the situation over MEDICAL BILLS. It’s something that can happen to any of us (even those of us who are “well” insured) and I would never judge anyone in that situation. What a nightmare that would be.
As for Me Again, it’s a free internet, go post whatever you want, wherever you want. Leave Erica alone. If she wasn’t speaking truth, you wouldn’t be so (obviously) het up about it. The end.
Me again | Aug 14, 2008 | Reply
For VB, the reason that I was “het up about it” is because every time someone posted a commet that Erica didn’t like or didn’t agree with, she deleted the posting. Aren’t we all entitled to our opinion? I thought this was an open forum where people could have a discussion as to how to deal with handling debts and debt collectors? I have had 3 of my postings deleted because I was offering advice rather than bashing collection agencies. Erica can pull the article if she wishes or leave it and let people have a discussion on how to best take care of their creditors. But I think she is only interested in one thing and thats how to teach people how to try to get out of paying their debts entirely. What about people who want to take care of their debts but just don’t know where to start due to massive debt? What about people that want to buy a house someday and don’t want things sitting on their credit for 7 to 10 years? Her advice is file bankruptcy??? Maybe if you never want any of the benefits that good credit can give! It’s ignorant to think that if you hang up on a debt collector that your debt will just miracuously go away. Not to mention the fact that it’s costs ALL OF US more money in the long run. The price of goods and services will just continue to rise to make up for the non paying debtors of the world. Ignoring your debts do not fix any of your debt problems, only add to them. You can be sued. Your wages can be garnished. Not to mention the interest that can be continually added to alot of different types of debts. Think about it, what good is her way of thinking going to do anyone? Bullying a debt collector might make you feel good at the time, but it doesn’t solve anything. Not all debt collectors are “evil” and many will be more than willing to work with you to help you set up affordable payment plans and/or settlements on outstanding debts as well as possibly keep deliquent accounts OFF your credit entirely because you are willing to try and make payments to take care of them. Go ahead and delete your artice if you with Erica, or let people have a TWO sided conversation on how to responsibly deal with their debt and what they can do about it.
One who knows | Aug 14, 2008 | Reply
If this in fact is a free internet for the posting of opinions and advice then why would my original post listed below be deleted. All it contained was fact based on law and known practices from a source in the field. If you would like to learn more please see my article “Collection Education”.
First off I will define my position by stating that I am in fact a debt collector and even beyond that a manager in my office as well as responsible for the training of newly hired employees. I can assure you that the numerous and extensive guidelines set forth to dictate how we conduct our business are explained and adhered to without exception. I do not deny that there are collectors and agencies that carry out less than ethical practices, however they are fewer and farther between than most people realize since we as a population have a tendency to overlook the mundane majority in light of the occasional extreme.
A factor that I would like to introduce is the overall service to the public that debt collectors provide. There are many examples recorded of consumers complaining about the higher cost of various products and services including healthcare which my company specializes in and how this impacts the American income and economy. These increases are not randomly decided on as a way for providers to pad their pockets but more in response to the growing number of credit and medical bills that go unpaid. Without the service provided by debt collectors these situations would run out of control to the point that no credit would be granted and qualified medical services would become non-existent.
I have read the comments and responses in regard to this and several other similar articles and do empathize with various plights that have been spelled out. I also experience many people who say “put yourself in my shoes” which seems to be the staple response of many people I talk to. I challenge you to consider this viewpoint from the provider’s side of the fence. Imagine what your reaction would be if after having provided your services to your employer for the prescribed pay period you received an envelope with no check but instead a slip of paper promising your payment some time later. This is exactly the same thing as when debts aren’t paid. Wouldn’t you hope there would be a service available to assist you in recovering your unpaid salary?
Finally in closing I offer a word of advice in dealing with collectors. We operate for the function of getting what is due already by a previous agreement and promise to pay that in most cases is the consumer who has failed to uphold that agreement. These collectors are people just like you working for an income by providing a service yet suffer much more rudeness, disrespect and harassment than anyone really knows. All of these accounts of bad collectors that i have read here and on other sites equal than 1 days worth of rude callers for one single collector and yet the majority of the time they will respond with polite professionalism. The next time that phone rings and it is a collector more than likely they will listen to you if you will listen to them and give them basic respect.
Just in case any of you are wondering I am not a college drop out, I have a B.A. in Psychology followed by 11 years as a counselor in various settings dealing with various populations.
VB | Aug 14, 2008 | Reply
I don’t know squat about debt collecting and I really couldn’t care less. My point is simply this: If I start a blog today that’s called “The Earth Is Actually Flat and Gravity Doesn’t Exist” where I wax poetically on my topic, who the hell are you to come along and argue with me? IT”S MY BLOG. I can put whatever I want on it. Can you post that you think I’m wrong? Sure. Can I delete it? Yes! Why? Cause it’s MINE. If you want to go write the “Earth is Round and Gravity Rocks” blog, go write it, get a million hits! Have fun. Coming back here and fighting with Erica on her blog is like arguing over politics or religion: a waste of time. She’s posted what she wants here. People can choose to read it or ignore it. You can do the same, SOMEWHERE ELSE. The end (again).
One who knows | Aug 14, 2008 | Reply
First off I would like to say that I am not “Me Again”. I would also like to point out the fact that none of the comments I posted were a personal attack towards anyone but instead just offered the opportunity to give straight answers from someone in the filed of collections which was stated from the beginning. Anything directed toward the author of this article was merely the question why my comments had been deleted when all I was trying to do was offer some explanation and understanding.
As far as revealing who I am my name is listed with my article “Collection Education” to offer answers based on law and established practices. As far as staking my reputation on it I really don’t have to since everything will be based on verifiable information.
My aim is not to “fight” with anyone over an opinion but to merely provide facts to those who wish to ask about collection practices.
And yes anything posted to the article will remain regardless of what is said.
Me again | Aug 15, 2008 | Reply
Ok VB, so as long as people agree with what she says then it’s ok to leave a comment? But if not, then we can’t? Ok, I get it now. I see how it works…. yeah that makes alot of sense. NOT! You yourself said the internet is a free place to post what you want but then contradict yourself by saying “not here.” Why have a article that lets you leave comments if you don’t want people to give you their feedback and/or opinions??? Seems very one sided and obviously thats the way Ms. Barton wants it. Thats fine but not a very constructive or benefitial stand to take. What about readers who want 2 sides? Sorry people, can’t happen here. I wonder if the “B” in VB stands for Barton??? I will stop posting now because obviously common sense and knowledgeable answers are not wanted here. Atleast not by the author. You want help with answers in dealing with your debt or how to responsibly deal with a debt collector then this is not the article to be on. Have a great day.
ET Barton | Aug 17, 2008 | Reply
For anyone who would like “verification” of the points I claim in this article, check out the following two books:
“Debt Cures” by Kevin Trudeau (excellent book about getting out of debt…well worth the $30 price tag.)
“Repair Your Own Credit and Deal with Debt” by Brette McWorter Sember, Attorney at Law (probably only available through the internet now since this book is older…this was the book that got me started on dealing with debt collectors.)
For anyone who is wondering what my credentials are, I’ve dealt with debt collectors for almost ten years now. These tips have helped me deal with collectors assertively. These tips are possible, and it hurts no one to try it.
Sheila | Aug 19, 2008 | Reply
I agree with the author on the fact that I hate getting collection calls. I have dealt with a few rude collectors in the past and admit that I have hung up on them in past but I have to say that the last one I had to deal with a few months ago was actually very polite. He let me set up monthly payment to pay my bill and in turn agreed to keep it off my credit report. I dont think that would have been the case if I had been a bully or hung up on him. I think that he would have just put it on my credit right then if I had done that. so I agree that talking to a collector and trying to get them to work with you would be the smartest thing to do to avoid further problems down the road. Who wants to wait 7 years for something to come off your credit just so you can have the satisfaction of hanging up on them.
As far as the comment that states that collectors are probably “scammers” if the account is not on your credit report is not accurate. I work for a doctor’s office and we turn unpaid bills over to a collection agency but we do not allow the agency to report them on patient’s credit. So just because it’s not listed on their credit doesn’t mean the bill is a hoax. I also know that it’s not true that debt collectors can’t continue to collect a bill after 2-3 years because the statute of limitations is longer than that. I don’t know much about collections laws but I would suggest anyone that has questions about it to research the laws in their state rather than taking advice from someone who has only “dealt” with collectors for 10 years. That doesn’t make someone an expert. I deal with patients everyday at work, but that doesn’t make me a doctor.
No offense to the author, but the irony here is just hilarious. I think its funny that someone writing an article on how to be a bully a collector is getting so upset when the shoe is on the other foot, and by a collector no less! Lighten up a little. People are entitled to say what they want so theres no reason to get so upset when they have a different view than you do especially if they have some knowledge and background in the collection field.
Sheila P.
L Palmer aka One who knows | Aug 21, 2008 | Reply
Just to offer realistic perspective and factors to consider when dealing with debt collectors. One major distinction to make is what type of collector are you dealing with since 1st party collectors and business collectors are not bound by the FDCPA. Only 3rd party collectors have to follow those federal guidelines. As far as the state laws they do vary and are to be followed by 3rd party agencies. Also in regard to the statute of limitations, this pertains to the amount of time legal action may be taken however the debt still exists and is collectable after the time has passed.
Many are generalizing about debt collectors and collections. There are many different types of collections and collectors with different sets of guidelines they do or do not have to follow which is why I encourage everyone to research the information and determine what the actual situation is. Again I’m not excusing anything that happens which goes against the guidelines and in fact hope that any violators are held accountable but to grossly error in generalizing without knowing all the facts and details will create a larger problem.
Yes when a collector calls they are trying to get your money that is owed for services or product that has already been received and now needs to be paid for. When these debts go unpaid it causes the price for that service or product to go up for everyone else. Also if you consider that most of us work for a company that provides a service or product to consumers how long would you be getting paid or even have a job if everyone adopted the strategy of not owing up to their own bills. We all know how tough the times are and are willing to work with consumers to get these accounts resolved. Just remember that it is a compromise where you may not get exactly what you want but could at least negotiate something that is workable on both ends.
Apathy for how things like this can effect all of us is how problems start in the economy as a whole. You do have rights as a consumer when you owe a debt being handled by a 3rd party agency, just make sure of who you are dealing with and why.
Fred | Aug 29, 2008 | Reply
There are some inaccuracies in this article. The truth is that depending on the state you live in if a debt collection company does get a judgement they can repossess your furniture, especially in Alabama, and the Sheriff will do the repossession. Collectors are like salesmen in that they get paid commission and bonuses. There are good ones and bad ones. I was a bill collector for 20 years and in that time ended up helping many people get back on track. I got post cards from people who initially cussed me out thanking me for helping them. There are some debtors too who are just plain credit criminals, although I think that many debtors get into the situation they are in by over spending and procrastination. There are those who really have lost a job and can’t make ends meet and the best thing for those is to go bk route sometimes.
Advice: If you get a “problem collector” ask to speak to a manager, and make sure that the “manager” is just not some buddy sitting next to them, if they refuse, don’t bother making threats, simply hang up and call back, and continue to do that until a manager is on the phone. Collectos don’t like getting numerous calls if there is no money in it for them. Again these people are like sales people, they are only trying to make a living just like you and me and some are good and some are bad. But keep in mind like sales people they lie and will say almost anything to get you to pay your bill, so they can make their bonus at month end.
Fred again | Aug 29, 2008 | Reply
One very important qualification is that anyone who is dealing with a passed due bill and a collector really needs to check the laws that pertain to that particular state. One comment was correct that an in-house collectors are not governed by the same laws as a third party collector who is governed by the FDCPA (Federal Debt Collections and Practices Act). There are always state laws to regulate in-house collectors as in California we have the Rosenthal Act which is almost identical to the FDCPA, which basically says that you cannot receive phone calls prior to 8.00 a.m. or past 9.00 p.m and that collectors can only make one call per day until the debtor advises the collector and agency to stop calling and to put everything in writing. Also one thing that the article did not mention is that they can call your employer and verify your place of employment and if you are in the military they can and will call your CO and disclose the debt. With child support there are really no laws protecting dead beats who don’t pay child support, since child support is not considered a “debt” but an “obligation” so collectors can call as many times as they want and there are no laws against third party disclosure when it comes to past due child support, they can even tell your neigbors and your employer if you are behind on child support.
Kelly | Sep 15, 2008 | Reply
Thank you for a wonderful and informative article. My family has been through a lot of struggles since a long time because of debt collectors. We’ve been trying to work out with them to pay off some debts employing rates that we can afford, but they just want the quantities set by them. This article has give us hope on how to really handle the situation with them. I can tell that many individuals are drowning in debt and it is not by choice. Please, keep informing the consumers about their rights, you are doing an excellent job.
KOSDOS | Sep 20, 2008 | Reply
This article tells you how to be to be an obnoxious flake instead of just a flake.
Karen | Sep 25, 2008 | Reply
Excellent Article!!!!!!
Why should someone have to bully you for you to pay the money that you PROMISED you would pay them in the first place…..??? Meh..
Mr. ??? I don’t think you understand the real world at ALL. MANY people have suffered through illnesses and economical crisis. My own fatehr was diagnosed with Parkinson’s disease and was forced to stop working at 50. He certainly didn’t expect or want that. So yes, now my parents are having hard financial times. It’s a god send for intelligent people to write articles that save people’s dignity through a hardship. I don’t know many people who WANT debt and with the few exceptions of people that have concept for spendning, and we DO need these tips of the trade so we can move forward with our lives and get get back on out feet.
Applause to the author!!
blc | Oct 23, 2008 | Reply
This article was great. I have a lot of debt and would like to get started payments. Advise.. Do Not hire Debt negtotiators. I did and now am paying for it. If you hire a negotiator, be aware that any debt that you do not pay over the negotiated amount original owed, you will have to pay income taxes. Bummer. I want to get back in payment with my debtors, but now they have attorneys that are threatening to take me to court. This article is good advise.
Toown | Nov 18, 2008 | Reply
Nice article..look at all the sheepie on here slothing down their food while trying to spit out their worhless opinion. There day will come. Mindless effen sheep. Disgusting!!
L Palmer | Nov 19, 2008 | Reply
Toown,
Yes even your opinion is allowed however you might want to try checking your spelling and grammar before posting to have less validity taken away from it.
Nice article..look at all the sheepie on here slothing down their food while trying to spit out their worhless(worthless) opinion. There(Their) day will come. Mindless effen sheep. Disgusting!!
Perhaps a more open and less self centered supirority mindset would allow you to learn something or even teach something other than some mindless driveling rant spewed forth by one without anything to back it up with or alternative to offer.
L Palmer | Nov 19, 2008 | Reply
Pardon the typo, it should be “superiority”
Lunarts | Dec 6, 2008 | Reply
The financial world is corrupt, they take the money and run. That has been going on for 400 years and we never learn. It is about time to stop this. The credit crises exists because the bill has been presented to US and not to the banks, companies and governments involved. The only way to stop this is to cut down your expenses as much as you can, Then the bastards will make less money and you make more.
Anon | Dec 7, 2008 | Reply
Wow, most of these tips are just wrong… Most collection companies cannot send you documentation on anything they feel like. They are terrified of being sued over ridiculous and trivial points, and will only send out letters pre-approved by an attorney.
Also, the seven years part is a lie. If at any point during those seven years they contact you and you acknowledge the debt, the seven years begins anew. Besides, that part only affects your credit report, you can still get calls/letters.
Most collectors work on a bonus or commission basis, all it takes is a simple discussion. If you can’t pay what they want, don’t…. but paying the bill is whats important. You owe it. When you don’t pay it off, it drives up costs for everyone because the company has to cover the loss.
Mike | Dec 26, 2008 | Reply
Your tips seem a little misguided. I have worked in medical debt collection, and I know for a fact that you can be sued out of state, they would just need to hire an attorney in your state. Some collection agencies can and will do this, however, most don’t.
Collection agencies are only required by law to send you a letter notifying you of your debt, and if you insist, they must supply proof of the validity of the debt. Under no circumstances are they required to send you any letter confirming a conversation with you that was had over the phone. It always cracked me up when people would call in demanding that I send them a letter confirming conversations over the phone. All letters sent out by most collection agencies must be approved by their attorneys, and believe me, they will not waste their time on that.
The worst thing you can do to a debt collector is to just hang up on them. I have personally sent accounts to be reviewed for suit just because the debtor pissed me off or was rude to me. Keep in mind most debt collectors treat you how you are treating them. You can be firm in the fact of not making payment, but the second you start getting smart on the phone, or cursing, or making personal attacks against the collector is when we find it the most fun to make life miserable for you (within the law of course)
b | Jan 21, 2009 | Reply
as a debt collector we are human to you dont get that it is our job if you made an attempt to pay your bills that you said you would pay it wouldnt be a problem and you people dont make it easy for us when all you do is cus us out and dont even let us help you so if somone borrows a hundred dollars off you dont you expect them to pay you back it is the same thing you are the reason why debt collectors are rude cause you all do it to and half the things that are written in this article arnt true with the bukky thing cause if it already left the origanl company were the debt was first collected and went to a agensie thats means you have been delincite for a while so think about that
Patrick | Jan 24, 2009 | Reply
Its not entirely true that bad debt disappears off of your credit report after seven years. It seems that credit issuers have found a way around this as well. What they will do now, is when it gets close to the seven year mark, they will sell your debt to another collector; file it with the credit bureau as a charge off, and the new collector files it with the bureau as a new unpaid debt. This starts the seven year period over from scratch. They will continue this cycle indefinitely.
I know this from personal experience, because I still have one debt on my record from 1985; which has been bought and sold numerous times, just to keep it on my report.
oh well | Feb 21, 2009 | Reply
Sounds like a lot of internet Bullies posted here. To put it simple without taking up 4 paragraphs, do your homework, know your rights! Some may say, its easier to just pay it. If you think that, do that.
Thetruth | Mar 10, 2009 | Reply
90% of people behind on their bills are behind because of medical bills, loss job, decrease in income, etc.. The lending company took a risk to lend you unsecured money in return for a promise. Yes the promise was as long as my financial situation is still like this I promise to pay you back, in return the credit card company charges you 24% interest because they believe you so much. Then they fund the credit reporting agencies to get you screwed for the rest of your life regarding your credit. You should hear the things they said to my wife when we were in college because she was just working two jobs and going to school and fell behind because of the cost of books that year were higher. They said things like…
You will never get married
You will never get a job
You will never buy a home
You will never have a family
We will tell everyone you are a dead beat.
Anyone who thinks collection agents are anything but scums of the earth that deserve nothing but a royal beat down, and I mean hard is a debt collector themselves and hates what they see in the mirror.
Blood75 | Mar 11, 2009 | Reply
To REDHEDDAD; You must work for a collections agency. What if you made 40-45k a year and suddenly became totally disable and your only income was SSD and you had a mortage and $20,000 worth of debt could you pay this debt. “NOOOO”
Sick of the Babies | Mar 23, 2009 | Reply
I don’t get it, stop all the complaining, you idiots are the ones that over spent yourselves and your families. What is that saying? For every action there is an equal and opposite reaction. When you spend money you don’t have, you deal with debt collectors, it’s that simple. Learn how to budget and you wouldn’t have this problem, save money from bonuses and gifts, then you wouldn’t have this problem. Grow up and be a man and take care of your responsibilities instead of crying like a b*tch.
kevin.eb | Mar 28, 2009 | Reply
A prevalent, unsavoury practice is carried on in the world of small business activity in Hong Kong, concerning unpaid bills.
Many traders who find they cannot collect what is owed, instead of, or as well as, putting the matter in the hands of a bona fide debt collector for legitimate action, resort to using those who rely on unlawful recovery. They are the sort who engage thugs who make an uninvited direct approach to the debtor at his workplace and home, and perhaps also telephone continuously and at odd hours, and by this means exhort, badger, threaten, intimidate, bully, harass and embarrass him, this for a significant cut out of what they can recover.
This case arises out of such activity.
These are the circumstances.
The 3rd plaintiff is employed by the 1st plaintiff as a receptionist at its offices in Castle Peak Road, Tsuen Wan. The 2nd plaintiff is also employed by the 1st plaintiff, as production director. He is a Hong Konger, but as his duties include supervising the operations of factories in China, he frequently travels to China, indeed he spends most of his time in China.
Mr Tse the 2nd plaintiff deposed that until May last year he was a co-shareholder and director with his wife in a company carrying on business as a garment merchandizing agent called Surpass International (HK) Limited. He gave up his interests in Surpass in May 2006 when he and his wife separated.
However he was aware that Surpass had dealings with a company called Star Textile Limited who supplied garments. Payment for these garments remaining for the meantime unpaid was guaranteed by his now ex-wife, Madam Ho. He is also aware that Surpass has not paid and that Star Textile has issued a writ against Surpass and Madam Ho. He, Mr Tse, is not a guarantor, has not been joined and has played no part in the proceedings.
Against this background the 3rd plaintiff Miss Liu deposed that on 25 May this year two men whom she described as fierce looking came to the office. They confronted her and rudely asked whether Mr Tse was in and if not where he was. She said he was not in and tried to get him on the telephone but he did not answer. One of them said he owed them over $5 million and he should pay immediately. Then he handed to her several pieces of paper and left.
Those pieces of paper have been exhibited. They are various invoices from Star Textile Limited to Surpass International (HK) Limited for various amounts for garments supplied, in US and HK dollars. There is also a guarantee signed by one Yvonne Ho.
There was a telephone call that afternoon. She recognised the voice as that of one of the visitors. He said he was called Ho and was from Star Textile.
He again demanded payment from Mr Tse and threatened with consequences in foul language if he did not.
Miss Liu felt frightened and reported events to her boss Mr George Fong.
There were further telephone calls in similar vein on 5 June, 9 June, 15 June and 27 June. On one occasion Ho threatened Miss Liu’s person.
She related these events to both Mr Fong and Mr Tse.
Mr Fong instructed solicitors to write to Star Textile telling them to back off, but this was before the end of May and as I have stated the abuse continued through June.
Mr Tse himself also received calls, about 10 in all, conducted in abusive and intimidating language. Each time amounts of money were demanded.
This led to this action filed on 30 June against the defendants. They are husband and wife and known by Mr Tse to be the sole shareholders and working directors of Star Textile.
The endorsement reveals that what is claimed is an injunction to put an end to the harassment, nuisance and intimidation complained of, and to restrain the defendants or their agents from attending at or in the vicinity of the workplace of Mr Tse and Miss Liu.
The defendants have been targeted because Mr Tse has deposed that he has reason to believe that Ho and his cronies have been acting under the instructions of the defendants. His belief stems from his past experience with Star Textile. The husband and wife directors run and control the operation and make all decisions. They have but three employees who will only act if directed by one or other of the two bosses.
At the same time as they filed their writ the plaintiffs applied inter partes for an interlocutory injunction, pending trial or further order, in like terms.
There was difficulty about service, and in the event the matter proceeded ex parte. Burrell J made the order applied for on 6 July that was extended on 20 July to the return date.
The defendants having been served have filed affidavits in opposition; this is the restored return date.
The defendants confirm they are directors of Star Textile, that Surpass is indebted to their company in the sums of US$594,000 odd and HK$477,000 odd, which comes to about HK$5.1 million, that the indebtedness is guaranteed by Yvonne Ho.
Star Textile has issued the writ to which Mr Tse referred.
The remainder of the affidavits effectively set out the defendants’ case to defeat the injunction asked for; namely, that taking the plaintiffs’ allegations at their highest, the creditor is Star Textile and if anybody instructed and directed Ho and his cronies to impose themselves it would have been Star Textile.
Yet although the letter before action was sent to Star Textile, Star Textile is not being sued.
What is interesting and pertinent is what is not deposed to; there are no denials that Ho and the others received any instructions to trace Mr Tse for repayment of the debts.
What is in contention is as to whether the plaintiff have established the first of the requirements for an interlocutory injunction as laid down in American Cyanamid.
Mr Wong for the defendants took up the point that emerged in the affidavits they filed; namely, that if there was a tortfeasor it was not either of the shareholders and directors but the company Star Textile Limited. After all it was the company that was carrying the debt and suing for it and Ho, that is the thug called Ho, represented he was of Star Textile.
Mr Wong took me to case law supporting the principle that a director cannot automatically be held accountable for tortious acts of the company he represents, however small the company is and however powerful his control is. As was said by Lord Justice Slade giving the judgment for the court of appel.
================================================================
kevin
Credit Card Debt
Jess | Mar 29, 2009 | Reply
Is one of the major factor caused human being suffered from paying their credit card debts which was plus with a higher rate of interest.
____________________________________________________________________
Jess
Credit Card Debt
Jeff J. | Apr 23, 2009 | Reply
What is happening to America? Are we becoming habitual debtors? Looking for every possible excuse in the book to not fullfill our obligations? Face it, you received goods and services and should be shocked when they ask you to pay it back! My older brother was in debt and I heard him speak to debt collectors multiple times, he would say he lost his job or he had health issues…ALL LIES! Same for my ex-girlfriend and my room mate in college! I’m a car salesman and trust me things have become extremely poor in my industry. Times have been tough and i too have dealt w/ collectors. They genuinely have reasonable ideas on how to resolve debt and even helped me with other things to fix my credit score. I believe the majority of debtors lie and abuse collectors..not visa versa, and if you work with your creditors and hear them out instead of throwing yourself a pity party on the phone, you may get something accomplished. And one more thing have some pride in yourself and pay what you owe. If its not much, then its not much. These crazy techniques described in this article are far from necessary, rather they are counter-productive and put you on the fast track to getting judgements placed against you.
DEBT COLLECTOR | Apr 30, 2009 | Reply
I would really like to see where the information for this article came from. Some information very true and others not so true. I’ll go through these one by one.
1) It is true that the collection agency cannot sue you unless you are located in the same state, but at the same time the company that the money is owed to can. It is true that many states have different laws but there are many laws in place to protect businesses against bad debt.
2) Stated we cannot call you if you asked to be contacted by mail. This is not true depending on the state. As long as there is a legitimate debt, which it should be since the debt is in collections, we can call you for years. I have some cases that are from 2000 that we still collect on. Our phones are connected to our computer systems but that does not stop us from calling you everyday, or call you back if you hang up on us.
3) It is true that we cannot call you at work or contact your employer, but we can call you at work and keep calling you at work if you never state to stop calling me at work.
4) Depending on the case like stated we can repo certain items to collect the debt. It also depends on the amount of the debt.
5) we cannot ruin your credit forever, we can put it on your credit for seven years, but with this economy I wouldn’t recommend that you let anything go onto your credit.
6) In reference to number six we do not have to send you letters verifying conversations. The only letter we have to send are letters verifying the debt and letters letting the debter know the bill is in collections.
For those you who ingore calls from collections agencies I would not recommend it. Depending on the debt if we do not get a hold of a debter the bill will just be put onto their credit or the will be served legal papers for the pending law suit. Believe me when I say this with just your name and one address or phone number whether it is old or new we can locate you and get your SSN, DOB, Drivers license Number and new address.
My recommendations just work with whoever is calling you, many times they will offer a discounted settlement to pay in full or set up a payment plan. I do not yell at anyone and I do not threaten anyone I just let them know the facts.
To All Collectors | May 6, 2009 | Reply
Of course that’s your recommendation because that’s where YOU make YOUR money! You f’n idiot. Just like all the rest. Most of you don’t know any of the laws or rules yourselves. You’re just told what to do by the boss. Get the f out of here and go suck something soft. And why shouldn’t she delete comments from collectors? All you are doing is trying to get an extra penny in YOUR pocket by trying to persude/scare people into paying! COMMISSION is where you make your money and you don’t get that if people don’t pay now do you? You schmuck. Your petty little 12/hour job. That’s not much is it, so of course you don’t want people like the author sabotaging your little income.
Sorry to the rest of you for the rudeness.
JB | May 7, 2009 | Reply
THIS GUY MUST HAVE A LOT OF DEBT! LOL
L. Palmer | May 11, 2009 | Reply
I find it amazing and disturbing how so many view the people who owe theses debts as victims and the creditor and/or collectors as the criminal element. If you walk into a store, grab something and then leave without paying for it you are a theif, if your employer for some reason doesn’t pay you for your services on payday then a lawsuit is sure to follow. In essence that is exactly what these debts are, failures on the part of the consumers to uphold their contractual agreement for financial responsibility. Everyone is griping about the economy and how the jobs are being lost. Well here is the straight forward nuts and bolts of it. Consumers that don’t pay for services/goods they received create a situation where the creditors/providers have to make up the difference because they have to pay for the employees and vendors that perform/produce those services/goods. These companies then have to increase the cost of what they provide which makes it more difficult for the consumers to obtain them. With less people using what these companies have to offer they are forced to reduce the work force in order to stay in business which means people get laid off. Now again I bring up the scenario of you working for a company that is having problems because of these consumers not paying for what they received and there are 2 options the company can choose from: 1. not pay you but they know that will lead to a lawsuit or 2. cut their costs and lay you off as part of reducing the work force. Now if that were to happen to you in reality I’m pretty sure your view of collectors would change real quick. For point of information I do work for a collection agency and I do know the laws and am confident is stating that my agency follows them to the best of out ability. I know this for a fact because I also provide the training.
HC | May 13, 2009 | Reply
blah, blah, blah. same argument. same bull. commission! do you pray to the gods of commission?
TIM | May 13, 2009 | Reply
I like the statement above where it mentions peoples credit being ruined by creditors. It just doesn’t make much sense to me. The creditors are just doing their jobs. To those people who have bad credit that would be your fault. Hey If I could make commision of of people who are not mature enogh to pay their bills why not.
I have lost my job due to layoffs and this horrible economy and I don’t have any debt. I have been working my butt off working at a job I am over qualified for and working side jobs as well. It is no excuse to use the economy as a crutch and for those of you who feel as though “bullying a debt collector” can solve your problems your out of your mind. Sure every little thing helps but why not stop feeling bad for yourself and just pay your bills. Get a job as a waiter or sales. There are a million sales jobs out there.
American’s have this horrible mind set that debt is common and that letting your credit go to hell because of the economy is ok. For those of you who think that whats going to happen when the economy gets better and your credit is shot. You’re not going to be able to get a dime under name for the bnext decade.
JB | May 14, 2009 | Reply
THIS HC GUY IS A REAL CRY BABY! LOL THAT’S WHY I’M MAKING THESE LITTLE KID COMMENTS SO THAT HE’LL GET THE POINT THAT HE’S COMING OFF LIKE SOMEONE WHO IS IN CONSTANT DEBT WHICH IS PROBABLY A GOOD THING THAT HE READ THIS ARTICLE. TWO TYPES OF PEOPLE FOUND THIS ARTICLE THOSE WHO ARE IN DEBT AND THOSE WHO COLLECT DEBT. THIS WAS A GOOD ARTICLE IN THE SENSE THAT IT BROUGHT OUT THE ATTITUDE OF THE AMERICAN PUBLIC WHEN IT COMES TO DEBT.
RT | May 26, 2009 | Reply
What about the few of us that are paying our bills faithfully and getting harrassing phone calls from collectors who think that WE are the liars. My problem is that the collectors are calling (10 to 15 times a day) looking for my husbands ex-wife. They got divorced nearly 10 years ago and he worked hard to pay off all the bills they had together before he met me 8 years ago. Now I get these phone calls from collectors telling me that I must be lying about who I am. we aren’t the only ones getting them, his parents have been too. I understand that these people have a job and they are going to do it, but calling me a liar isn’t the way to go. I am so very upset with these people I want to reach through the phone and slap them. If I had her contact information I would gladly give it to them to get them off my back, but I have no use for that information. If anyone has any ideas on this matter (I’d even take some advice from one of the blood sucking debt collectors themselves) I would be very greatful!
L Palmer | May 27, 2009 | Reply
Well the advice I would have is to do what you have done and ask them to remove your number since by law they have to. I am a manager for a collection agency and recognize that there are a few bad agencies that may not do things the right way but that doesn’t make us all “blood sucking debt collectors”. I would also advise to see if they are 1st party or 3rd party collectors since the FDCPA only pertains to 3rd party agencies. They may be 1st party and therefore incorporate a different attitude since the rules in the FDCPA don’t apply to them.
RT | May 27, 2009 | Reply
I am sorry that I generalized that comment. I know that all debt collectors are bad. When I was in trouble with all my bills I talked to several that were a joy to work with. All of my frustration came out in that comment and I commend all of the collection agencies that follow the laws and treat people that have fallen on hard times with respect. I have asked these agencies to take my number from their lists, and they all say that they will and it will take 24 hours, but here it is over 5 days later and they are still calling. I’m at my wits ends over this. Once again, I am sorry for insulting you and your career (blood sucking debt collectors was ment to generalize the ones who don’t seem to follow laws).
L Palmer | May 27, 2009 | Reply
No apology necessary, if I can’t take statements like that with a grain of salt and genuine smile then I shouldn’t be in this line of work. I sincerely hope that the ones who are calling you after your request aren’t 3rd party agencies and if they are then those are some of the few bad apples that the rest of us also have to deal with. My advice would be to research the collection agency to see if any other reports had been filed. You might also contact the original creditor, I know that my company makes sure that we don’t have consumers calling our clients to complain. The most important thing you can do is educate yourself and know exactly what your rights are.
RT | May 28, 2009 | Reply
Thank you L Palmer for your assistance. I did find out that the main one calling was a 3rd party agency. There was a little bit of fighting with a man that barely spoke english, but something must have worked as it has been about 24 hours since I’ve had any calls! Thanks again
L Palmer | May 28, 2009 | Reply
Glad to help.
no idea | May 29, 2009 | Reply
I co signed for a apartment and have been being harassed by debt collectors being that the person I signed for did not pay his rent. It has been 2 years and when it first started I tried to set up a payment plan but being a student and struggling myself I could not afford more than $100 a month. I called today to settle but I guess they ran my credit and said I have a credit card with available credit that I can pay it in full with. I do not want to pay one debt to create another. My balance is only $2200 and I told them I could send them a check today for half. They would not accept this and stated that they are going to take legal actions. Can they do this when I am trying to pay it? Also I have NEVER received anything by mail, they told me they sent it to the original lease holder and when I told them I have very little contact if any with that person they lady told me that sucks to be me. Can they do this? I want to fix this but do not know how I can not afford that amount at once what can I do?
L Palmer | May 29, 2009 | Reply
With having co-signed the lease you are unfortunately ogliged to pay this. If you were to send in a payment before they start legal action they should accept it and apply it to the balance even if they don’t recognize it as a payment arrangement. The calls and/or action may not stop but if they do follow up with legal action you will have proof that you were trying to resolve the account and that will look good in any situation. Once you do send a payment then perhaps you will be in a position to set something up as an arrangement. I can’t say for sure since i don’t have all of the facts or know which company but worst case scenario by starting to send in payments is that you reduce the balance while they continue with their process.
no idea | May 30, 2009 | Reply
Thanks the only problem is they won’t give me a account number to mail things in. I don’t want them acting like they never received anything. I have no problem paying it off I just wish they’d send me something in writing.
L Palmer | Jun 1, 2009 | Reply
If this is from a 3rd party collection agency they are required by law to provide reasonable information pertaining to the bill itself as well as for making payments. If they are refusing this information then they are not following the guidelines and can be called on that. I would suggest researching to find out if the company is a 3rd party agency and if they are familiarize yourself with the FDCPA to know your rights. If it is the 1st party then they have a different set of rules to follow which are nowhere near as strict as the FDCPA. The best thing is to be well informaed and know your rights.
no idea | Jun 1, 2009 | Reply
Thank you for all you’re help! I sent them a certified letter requesting information on what they say I owe. The orignial creditor and the collection agency have about a $600.00 difference,so I requested information. I believe they are 3rd party not sure though.
Florence Mitchell | Jul 24, 2009 | Reply
I am receiving a stock paper for two days and wondered why I was getting it.
I noticed it today that it was $2. each day.
I nevered ordered it an am not going to pay for it.
The name of it is( Investors Buisiness Daily.)
Florence Mitchell
1725 Hwy.431 Roanoke, Al.
Duh | Jul 28, 2009 | Reply
Hey redhead -
Why are YOU on this site?
Conan | Aug 17, 2009 | Reply
I’m in Texas a collection agency did contact my human resources at my work and demanded that they garnish my wages the next day I lost my job. The agency has not bothered my anymore after I told them what happened. It was not even my dept. It was some with the same name. Can I sue the agency for damages?
MJ | Oct 8, 2009 | Reply
More resources try budhibbs.com. I sent cease and desist letters w/ help from his site. I haven’t had any horror problems yet, I would like to have some so I can sue the collectors. So far they have behaved. I’m well over $100k in debt just in credit cards and it dont bother me 1 bit. I had 2 do it due 2 my actions on another matter. What I did was balance transfers into bank account then used $ to pay for legal matter I was involved in. Prior 2 this I had 765 credit score n never a late payment. I keep the ringer off on my home phone so I never know when call unless I look at caller ID. They call cell phone and are told its no longer his phone. They finally get around 2 send letters or I ask 4 address and send c&s letters. I welcome them 2 sue me. I have no job and do not need to obtain employment. Everything is in my wifes name that is paid off and she is not on the credit cards therefore not liable. My name is not on the home. My name is on 1 vehicle which they cannot touch. My name is on a motorhome w/ wifes but many thousands r owed on it. I’m like the worst debtor 2 go after. No assets, no income and wife still brings in over $70k and her credit is solid if we need future car loan. Just paid off $37k vehicle and hers been paid off so we’re set plus I wouldnt buy another new vehicle again. I wrecked my credit on purpose, had 2, so I dont care that they were charged off and have 2 live w/ it. I dont need credit unless my wife gets pissed n divorces me but then it cost her 2 much 2 divorce me. I tried 2 settle w/ the c.c. companies but they cannot take a hit as low as I was offering. I was solid customer b4 but I put myself in a mess and the c.c. companies ended taking the financial hit for me. I was able 2 do balance transfer over $25k several times on diff cards. This was right b4 they started lowering limits. I no longer keep any $ in an account w/ my name on it, everything in wifes so yes she could screw me if she wanted. We have few c.c.’s in her name that I’m paying off and 2 that were on together and only reason why they being paid off is cuz her name is on them otherwise they’d have got no payments if just in my name. When the collectors sue me it will just b more $ down the drain 4 them. I do not have 2 work another day in my life. If you’re getting calls and have no employment and wont have any 4 7 years send c&d letters. If u have job u should try 2 settle b4 ur garnished but dont settle for anything. If ur sued get $ out of ur bank account and into someone elses that u can trust and have ur checks deposited there. Any toys u have or additional vehicles betr get a family members name on title if theres no lein from lender. Many times u dont get sued til last 12 months or so b4 the debt reaches 7 yr mark so within that time frame or ur states u should try 2 reach agreement. Luckily I dont have 2 worry bout none of that and it dont bother me 2 have wrecked credit since its no use 2 us anyways. I’ve brought the wifes credit along solid just as mine was b4. We’re working on getting her name out of debt and saving 4 future. We dont use credit cards now, were paying off prior use when $ were much tighter. U can get the calls 2 stop but it dont go away. Use the resources online 2 educate urself. All my cc’s have been charged off but 2 that I recently told 2 get f&ck&d, those will b charged off unless they settle 4 my figures. I dont have 2 settle since they cant get nothing from me but if I do its just less bs if the $ is right. Let the games begin. I educated myself w/ the debtor rights and will make the work to c me in court 4 which they will never ever get a dime. LAUGHING ALL WAY TO WIFES BANK ACCOUNT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
jane | Nov 9, 2009 | Reply
REDHEDDAD
??
I wouldn’t be surprised if these idiots are debt collectors themselves.