Harassing calls from a debt collector? Here is what you need to know

Debt collectors are highly motivated to convince debtors to pay the debt because they work on a commission. This business model has created the reputation for bill collection agencies that we know today. The collector might engage in threatening behavior and harassment. However, like any other business they are governed by laws that prohibit certain abusive practices.
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  • 0
    shel
    | 1 reply
    i keep having NCO calling me at work or on my cell usually once a day. I usually don't answer if it's a number i do not recognize. They leave voicemails, pre-recorded that state..."hello, we are trying to contact (says my full name). If you are not (says my name again), please hang up. By continuing to listen to this message you agree that you are (says my name) and please stay on the line during the brief pause."   That's when my cell phone or the voicemail cuts them off. lol
    I've looked up their phone number and found out who they are. I'm just not sure WHO they are collecting for. Everything i have is current. Last time i had a bill collector call or mail me something it was for a past due bill i had when i was 19yrs old! (i'm 37 now).

    bunch of crap 'ola if you ask me. I'll pursue this further with a cert. letter for a cease telephone contact.
  • 0
    vixinya replies to vet
    | 1 reply
    once you find out who they're collecting for, request their phone number or look it up to validate the debt. if you KNOW it's yours, then contact the creditor directly (usually their phone number is on a pay stub or can be found on their website), and request information regarding your account and see if they have transferred over to a collection agency that they use and ask them if they can transfer it back because you prefer to deal with them directly.  usually they will agree.  they just want their money back.  a good majority of credit companies will negotiate with you.
  • 0
    Michele M
    | 23 replies
    I have also filed formal complaints with the attorney general of the state I live in and the state the debt collector is in regarding obnoxious behavior.  That usually stops them from harassing you
  • 0
    RedHotnPO'd
    For those of you that are dealing with these obnoxious jerks and want to know what your rights are and how to deal with them go to
    http://www.privacyrights.org/fs/fs27.debtcoll.htm

    There are also sample letters available for different debt collection issues.  To just search for various information go to www.privacyrights.org
    And if you're still having issues with these people, turn to a friend whose a paralegal, or spend a few dollars and hire one to send the letters outlining not just the federal code of collection practice, but your state laws as well.
    When a collection agency fails to provide absolute PROOF that you owe the debt, they are required by law to cease and desist all actions and remove said item from your credit report.
  • 0
    RedHotnPO'd replies to LA
    Re-dating does not occur via telephone.  Re-dating is when a collection agency buys an old debt, that can be as old as 15 or even 20 years old, then contacts you, and convinces you to make a token payment.  This is an illegal practice by the way, but hard to prove unless you keep records of everything over the years.  That token payment is what allows the debt to become an active debt again and is what re-dates the debt.

    Each state has a statute of limitations on debt, which can vary for credit cards, written contract debt etc.  Once a debt is past the statute of limitations (and assuming there is no judgment issued via a court against you), you can tell the collection agency to take a leap. Send a cease and desist letter and if they don't, then file with the FTC and then sue the collection agency for unfair/illegal practices and ask for treble damages (allowed under the law usually in this type of situation)
  • 0
    Kira replies to leglese1
    | 2 replies
    Actually, you will want to use annualcreditreport.com instead; freecreditreport.com is not really free and will use "small print" when you sign up, and they will ask for credit card information to sign you up for a monthly service fee after a free 30 day trial, this happened to my husband and I had to call when I noticed the charge online and demanded the service dropped and the charges reversed.  Once again; use annualcreditreport.com and you will get all 3 credit reporting agencies to give you one free report per year.  Space it out and get one every 4 months from a different credit reporting agency and you won't have to spend any money!
  • 0
    Frank
    | 1 reply
    The statue of limatations is 7 years,they cant collect after that.In some states its 10 years.If you dont want to pay after 7 or 10 years send the statue of limatations to them and they have to clear your record.I done this on credit cards and im clean now.I have no problim getting credit.
  • 0
    mike replies to Tired of it
    | 4 replies
    One thing to remember is that a "cease aand dissis letter" written by you may serve as a notice to stop calling, but other than that isnt worth the paper its written on. A cease and dissist ORDER FROM A COURT or judge is a legal instrument that they HAVE to respect. Be careful not to present yourself as having a legal order....they are required not to do the ssame, though they often work under and for law firms giving them the right to use that name and stationary to make appear they have more clout than they really do.

    Also for the not so brite..******* who said "just pay your bill"...A huge percentage of these collectors are trting to get medical debt out of people, often people who are very sick and cant work. There was one case here where a man who was at home dying on hospice was harrassed with several calls a day even after they knew his condition. He had informed them he was expected to live less than six months, wasn't working naturally, wanted them to stop calling him leaving messages on his phone saying basically he was in legal trouble. is 6 year old child would hear this and feared his father was going to have to go to jail. Thats simply uncalled for, and no I have no respect for the proffession in general, your peers have ruined it for you.  Youd do well to try having a lil compassion and reaalize you may find yourself in the same boat one day.
  • 0
    mike replies to IDEA!
    Did it ever occur to you some people may be having financial trouble? Some people- and I know- I work in the business, are parents selling off everything they owe to pay for childrens cancer care? If were that easy Mr. Brilliant, these people wouldnt be in business. The fact is the vast maajority would pay the debt if they had the money. I hav eyet to realize how these fools think by being threatening and rude they can make money appear that doesnt exist. They need to let us ll know how they do that when they find out.
  • 0
    mike replies to AP
    | 1 reply
    There is no particular law preventing calls on Christmas or nay other holiday. All it does is prove they are simply trying to make you miserable and "punish you" by trying to rain on your xmas. They think thats cute funny and slick. Why I dont know. But NEVER, EVER give them your bank account number. If you do, youll start seeing them taking payments unexpectedly and that you cant afford. Dont do it.
  • 0
    mike replies to annom
    Sure they can sue. But if you honestly cant pay it wont matter. I mean if you are legitimately disabled and on disability making 800 a month and have 300 a month in medicine costs, what exactly are they going to get for all the money they spent on these attorneys? On the other hand if youve racked up luxury debt....and have 20K in a savings account youll likely be made to pay and /or face garnishment, as you should be IMHO. If the money's not there though, a judge cant make it appear any easier than anyone else.
  • 0
    mike replies to Deep Trouble
    Sure Any debtor can sue. If its for student loans, they can actually garnish you easier and withold your tax returns. But sueing wil only work if you have more ability to pay than your paying, or have money or assets you could liquidte to pay. If you honestly cant pay it doesnt matter if they do sue now does it? :)
  • 0
    mike replies to Student
    They will take your tax returns. Its true that under general bankruptcy conditions they will not discharge your student loan debt. But it can be discharged if you are permanently and 100% disabled after you take out the loans. They can also garnish your wages, but generally no more than 15% of your pay. Generally though, they are pretty generous with deferments and lowered payments. Its pretty hard to default, you pretty much have to out right ignore them or refuse to pay nything.
  • 0
    mike replies to mstars
    | 3 replies
    I dont know what we'd do without people like you who come up with the answers to all the worlds financial problems. I'll be sure to tell my clients to just go pick up that 40k that the bank is going to just hand them, I'm sure they didnt think of that. Not everyone's debt, infact most collection agency debt... debt, is not for luxury items but medical debt. given nearly half the country is un insured and it means selling your house to get your kids or own opertion, I'd have to say your well at the lowerr portion of the intelligence curve.
  • 0
    Mike replies to collection agent
    | 1 reply
    Heres the problem with that....First I have very rarely heard of ant debt collector who kept his/her job very long treating ppl with respect.and calling and telling ppl they must pay money they ont have or else....is not "helping them out of thier debt" If it isnt there it isnt there. I have no idea how some debt collectors think they can call someone and suddenly make thier situation change or suggest something that these people ..who you must think are stupid....hasnt thought of to get money to pay bills. Your majic cures always amounts to demanding a payment that they dont have.That somehow they have   hidden stash or something...lol You confuse getting out of it far to often with not having it.

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