How To Deal When Your Debt Collector Calls? Top Ways to Handle

Nov 14, 2024 By Kelly Walker

The fear of debt collectors is real. Many ask how far debtor attorneys may go to collect payments and what their rights are in this situation. At the federal level, customers are protected by the Fair Debt Collection Methods Act (FDCPA), and several state laws also address debt collection methods.

Understanding your rights when becoming recovery partners with the collector might give you a sense of empowerment. It can provide you with the necessary information and hope to handle any valid debt in the collection process. Reading this article will refresh your memory on the most important information on responding to calls from resurgent debt collectors.

What To Do When A Debt Collector Calls

1. Decide To Talk Or Not

You should be cautious about answering debt collectors' calls or responding to their various forms of contact once you've researched your rights, determined if the debt is yours, decided whether to file for bankruptcy and learned whether the statute of limitations has passed. You must be careful not to unintentionally provide the resurgent debt collector information that may be used for collection purposes or, even worse, to mention anything that would confirm the debt.

2. Always Keep A Record

The term "collections log" refers to a written record that one keeps of each debtor attorney call, including the time and date, the collector's identity, and the interview details. The format of your record is irrelevant; storing it on a computer, phone, or notepad will serve just fine. Further benefits include monitoring the frequency of a certain collector's calls and recording any discrepancies in their communication with you as recovery partners between calls.

Keep the communications if the collector uses profanity in their texts or voicemails. Documentation such as this might be helpful if you want to take legal action against the resurgent debt collector or attempt to resolve the debt.

3. Request To Stop Contacting

Except for a few exceptions, the federal Fair Debt Collection Practices Act requires debt collectors to stop all correspondence. To prevent contact with the collection agency, you may write your request and send a letter with a return receipt. If the debt collector receives client interactions via email or website, they may send the letter electronically; additionally, whether email notices are as reliable as letters must be determined.

Consider instructing a collector to stop calling. A halt communication command may not work if you want debt updates or to negotiate with the collector. By telling the debtor attorney to cease communication, you effectively cut off any exchange until they sue you. However, you can also instruct the debtor attorney not to call at specific times or lines.

4. Tell If You Think You Don't Owe Debt

Should you doubt the debt's validity or deny wrongdoing, you must communicate these concerns to the collector. When your debt could be uncollectible, the collectors usually still don't know it. The debt collector may willingly cease collecting payments if your reasons are valid. There may be a better use of their efforts for consumers who have no valid objections to paying the money.

To stop debt collection while you confirm the debt, write the resurgent debt collector a letter seeking quick action. Equifax, TransUnion, and Experian should each provide you with a copy of your credit report. Whether you examine the records or not, you can find out whether someone borrowed or opened accounts in your name without your knowledge.

5. Tell The Collector If You Can't Afford to Pay

Collectors won't give up attempting to collect from you just because you can't pay. However, if you inform debtors attorney that you cannot pay and briefly explain your financial problems, they may go to other customers. Avoiding a referral to litigation for your case is another possible benefit.

But keep silent about the debt or anything else that might reopen a statute of limitations already passed. Making a partial payment or acknowledging that you owe money on a debt that hasn't been paid lately could restart the statute of limitations in several states.

6. Give Your Current Address

Your first inclination may be to avoid the collectors by changing your number or lying about your address. However, collectors will still attempt to collect even if you conceal your location; it will only prompt them to contact anyone they believe could have information about you, such as family or friends.

Resurgent debt collectors who need to be made aware of your physical location have much more permission under the law to call people you know, such as your work or friends, and ask for personal information, such as your address. However, conversing with friends or employers if the collector knows your whereabouts is against the law.

How to Get Out of Debt

Disengaging from debt won't solve it, and keeping it hidden might amplify its impact. If you continue disregarding warnings, you risk accruing late fees, interest, and maybe legal action. No matter how bad things seem, there may be a way to get out of paying collections. For one, you can avoid running away from your debt by consulting a charity expert. Other options can include:

  • Bankruptcy: Chapter 7 or Chapter 13 bankruptcy may harm your credit, but it lets you get out of debt or discharge obligations you can't pay and stops creditors from collecting.
  • Debt Settlement: Unfortunately, for-profit debt settlement often isn't as nice as it seems. After saving for a down payment for two or three years, you can find a much greater debt due to interest and late penalties added to the original sum.
  • Credit Card Debt Forgiveness: With a credit card debt forgiveness program, creditors may agree up-front to accept 50%-60% of what you owe in exchange for 36 fixed monthly payments.
  • Debt Consolidation Loans: A debt consolidation loan might allow you to repay high-interest debt or accounts with pending legal action against themprovided your credit is strong enough.
  • Debt Management Plans (DMPs): If you negotiate a new payment schedule as recovery partners with a nonprofit credit counseling organization, your creditors may reduce your interest rate.