Having debt is part of our lives. Most of the time, we’re owing money due to some factors, like education, house repair as well as business. And when things become unfavorable, paying debts becomes an agony. Paying the creditors is the best way to avoid conflict and trouble. However, not all the time when the favor is on our side. Sometimes, we’re unable to pay on time. The dues are piling up to the point when a debt collector is always calling you up for you to pay the due balances.
Oftentimes, your inability to pay would lead to a debt collection harassment. The debt collection agency is always hounding you. They want you to pay immediately. That is why it is important for you to know some effective ways on how to prevent the furtherance of such harassment. If the collector is calling you up multiple times in a single day, then it’s a form of harassment. Moreover, if the collector is contacting some of your relatives and even friends, and in a way humiliating you publicly, this is beyond the fair debt collection practices. So, you have to do everything possible, in a legal framework, to avoid the collection agency from harassing you.
Stop debt collection harassment by knowing your rights.
If you think that it is only the debt collection agency having some rights, it’s a wrong notion. Not only them, but also you being the debtor. You have the right to avoid a debt collection harassment in any possible way. Americans are protected by the so-called Fair Debt Collection Practices Act. It’s a federal law that regulates both the debt collection firms and the debtors of their specific rights.
If you want more information and details about FDCPA, you can visit the website of the Consumer Financial Protection Bureau as well as the Federal Trade Commission. These government institutions have clear manifestations as regards to your rights as the debtor, and the rights as well of the creditor.
Why do you have to know your rights? Of course, the purpose of which is to avoid harassment to be done against you by the debt collector. There are legal and logical ways to collect a debt due, but never in a way where you will be humiliated and harassed. You have the right for a fair collection. Any form of harassment can be considered as illegal and you’re entitled to protect yourself legally. You can consult an expert private consumer attorney if you wish to avoid being harassed.
One of the best ways is to think and act calmly.
Don’t be too hot in argumenting against the harassing debt collector. You can somehow lose the game if you’re gonna be very upset in your manner of response. Psychologically, you will be losing the battle. Remember that a debt collection harassment is an offense. Therefore, you should just act and think calmly if you’re encountering this form of issue. Think of this! Considerably, a debt collector is just earning out of commission, which means for every penny he or she collects, he or she earns just a small portion of it. He or she might be so eager in collecting the due to the point of harassing you because of money-related factors.
Every time a debt collector is calling you on the phone, you just have to be polite. Don’t strike back whenever the conversation gets too hot to handle. Just be calm in your approach and manner of response. Otherwise, the debt collector can use your way of responding as a legal shield against you when things really get rough along the way. So, just be cool. This is one of the best ways you can do to avoid more serious problems.
You should have your own record for transparency purposes.
Sometimes, you are confused about your payables. The best way to evade confusion is to have your own record. Every time you pay, aside from the receipt you may receive from the collector, you also have to have your own record with complete details, like the amount you pay and the date and time when you pay such an amount. Then, you can attach the receipt in that personal file of yours. Why is it vital? It is so, because there are times when the debt collectors may collect dues and interests that are neither justifiable nor substantial.
Furthermore, you also have to keep all your text or chat messages regarding the collection. Or, if you receive an email from the debt collection firm and the content of the email transgresses the fair debt collection practices, then keep that email. When time comes that you will file a case, you can use that printed material as a form of evidence to justify the wrongdoing and misdeed.
Always ask for verification documents from the debt collector.
This is another right you should know. If the debt collector is going to talk to you over the phone for collection purposes, then you have to ask for verification documents. Usually, the debt collector after the first call is given 5 days to verify the collection through documents. Yes, 5 days! The debt collector must be able to show the amount due, the complete name of the creditor, and there has to be an indication that you’re given a maximum of 30 days to dispute legally any undue and unfair amount of collection.
The moment you argue against the amount to be collected, then the collection process has to stop momentarily until the dispute is settled. And the only way that the debt collector is going to justify the collection is through verification documents. These documents must contain the explanation of the amount due which must be justifiable and fair according to the federal and state laws.
Conclusion
Knowing your right as the debtor is quite important. Debt collection harassment is a legal offense, because according to FDCPA, the debtors must not be oppressed, abused, and harassed by the creditors. That is why it is important to know some effective ways on how to avoid further issues related to this form of harassment. To make sure that you’re gonna be on the right track, you can consult a legal expert like L. Paul Mankin.
