If you have borrowed money on credit cards, owe some money on a personal loan, borrowed money from a bank or are paying a mortgage, by definition you are a debtor. If you get behind on paying your creditors or go into collections, you can be contacted by a debt collector. Yes, you did borrow the money and yes the creditor wants it back but they do not have free rein to harass you.

Know Your Rights as a Debtor
The last I checked in this country there is no debtors’ prison. There are consequences for not paying your bills but you do have rights as a debtor. The Fair Debt Collection Practices Act offers you many protections as a debtor. The Act states that a creditor must treat you fairly, and it strictly prohibits certain tactics in the collection of a debt. Keep in mind, however, that this consumer protection does not erase any legitimate debt that you have.

The types of debt covered are family, personal and household debts.  This would include money borrowed to purchase a car, credit card, charge accounts and medical bills. A debt collector is defined as any person who regularly collects debts that are owed to others. Third party debt collectors, collection agencies, and attorneys also fall into this category.
Dealing With Debt Collectors
A debt collector has many options when it comes to contacting you about the repayment of a debt. They may contact you by mail, telephone, fax and telegram. A debt collector is not given free rein to contact you whenever they feel like it. They are allowed to contact you from 8 am to 9 pm unless you agree to be contacted outside of this time period. A debt collector is not allowed to contact you at work if they know that your employer does not allow such communication to take place during work hours. All you have to do is tell them to not call you at work the first time they call you and they must stop calling you there.

Can a debt arbitration company stop creditor from harassing me? If a debt negotiation company guarantees that they can stop creditor harassment or creditors from call you, run for the hills. In my opinion telling a consumer that a debt settlement company can get creditor calls to stop is a lie. A creditor has the right to call a debtor for a legitimate debt. This is covered in the Fair Debt Collections Practices Act. A good debt settlement company at best can try to stop the calls but nobody should be making any guarantees however.

A debt negotiation company can help stop creditor harassment Continue Reading »

When can a creditor call me? I think that most consumers believe that a collection agency cannot make calls to try and collect a debt on Sunday. A creditor is allowed to call you on Sunday. The provision that allows calls to be made on Sunday is spelled out in the Fair Debt Collections Practices Act.

Can a creditor call me on Sunday if the debt is with a collection agency?

If the debt is still with the original creditor they can definitely still call. Even if the debt is with a collection agency they can call from 8am to 9pm. If the collector calls outside of these times, they could be in violation of the fdcpa or Fair Debt Collection Act.

What is Debt Negotiation? Debt Settlement is a process where a debtor negotiates with a creditor and the creditor agrees to a reduced principal amount of payback. Debt Settlement is also know as debt arbitration and debt negotiation. Debt Arbitration is considered to be an honorable way to settle your debts.

Will a creditor really settle debt with a debt negotiation program? Continue Reading »

How do I stop credit harassment? The FDCPA or Fair Debt Collections Practices Act has strict rules about what collection agencies are allowed to do when trying to collect on a past due debt. Debt Collectors could try and have you pay a debt that you do not owe or are beyond the statute of limitations of debt collection. Continue Reading »

How do bill collectors operate? Debt Collection companies work on behalf of a creditor who wishes to collect on a delinquent debt. Typically the original creditor does not have the time or resources to go after delinquent credit accounts. Collection Agencies are specialists in the world of debt collection. They have the people and resources that specialize in collecting debt. Continue Reading »