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Negotiating WithDebt Collectors
1. Don’t believe most of their threats. One of the greatest
advantages afforded to clients in debt negotiation programs is that
the debt settlement company can represent you with the collectors.
When dealing with debt collectors, remember that they will do almost
anything to get full payment, even if that means misleading the true
consequences of defaulting on your financial obligations. Many debt
collectors will threaten legal action even if they have no intention
of ever pursuing this avenue for collection, which is a violation of
the Fair Debt Collections Practices Act (FDCPA) but very difficult
to prove.
2. Figure out what you can afford. By prioritizing your bills and
budgeting accordingly, dealing with a collector is much easier.
After all, it’s not very difficult to turn down a payment plan if
you know it’s impossible for you to afford it.
3. Taperecord the telephone call. Many times this simple tip will
cause the collector to treat you with more civility and respect.
Even better, if the collector insults you, threatens violence, or
anything else that violates the specific provisions of the FDCPA,
you can be awarded up to $1000 plus damages if you pursued the issue
in court.
4. Never disclose private information. Most importantly, never
disclose where you work or any checking account information.
Equipped with this information a debt collector has greater
incentive than before to pursue legal action to obtain a court
judgment. Part of the reason why creditors tend to use legal action
as a last resort is because it can be very expensive. Paying a
lawyer to locate any assets or employment information about a debtor
is unnecessary when the collection agency already has your checking
account information.
5. Get everything in writing. To repeat the first point: many debt
collectors will do anything to get full payment. If saying one thing
and doing another helps their bottom line, then expect them to do
this. Sample settlement letters can be found online. Another trick
that some have suggested is to write “settled in full” on the
payment that you send to them. According to them cashing the check
legally constitutes acceptance of the payment as full settlement of
the debt, even if they cross out what you wrote, although others
have argued otherwise.
Don’t want to deal with the stress of debt negotiations? Please
feel free to call (877) 274-1260 or
fill out a form
and we’ll contact you as soon as possible.