Help With Debt Collectors

Do you know the difference between a run over skunk and a debt collector in the road?

Skid marks in front of the skunk.

Debt collectors have been correctly branded the worst type of collection agents. Their operations are from a computer driven database provided to them by the very people you trusted this personal information with, your creditor. By the time a collection agency gets your account, it has been "charged off" for non-payment and sold for between 8 and 12 cents on the dollar. Commission is the way they make their money, usually between 15 and 25 percent, and some have stepped across the line of decency and what they can legally do.

It is an industry where deception, lies and threats are considered standard business practices and bonuses are paid for the higher amount of money they convince you to send. They seldom use their real names and usually bounce from job to job and hide behind the anonimity of the telephone.

Collectors generally see themselves in a position of power, more than willing to take advantage of a consumer with lies and intimidation tactics. They will misrepresent themselves and try to wear you down because a portion of what you send them is theirs.

They will try to call you at work, threaten to talk with your family and neighbors, threaten wage garnishment and in extreme cases, threaten to arrest you. One of the very first jobs I ever had was collector of bounced checks. I was a senior in high school and got very little training. I was told to do whatever I had to do to collect on the checks. The name I used was Sargent Boyce and I always had a police scanner with the volume up just enough to be heard by the person I called. I never said that I was a member of law enforcement but the implications were always there, and I know that the people I was speaking with felt very intimidated. This practice was not only encouraged but rewarded by my then employer.

Consumers rarely complain about these tactics, perhaps because of being intimidated or embarassed over the circumstances of being in debt and suffering a financial hardship. However, I truly believe that it's time for the consumer to fight back. Understand your basic rights under the Fair Credit Reporting Act. Learn exactly what the debt collector can and cannot do and challenge them on violations. Once they know that you know what your rights are, they will back off for fear of getting sued. Turn the tables on them!

The National Cosumer Law League (NCLC) and the National Association of Consumer Advocates (NACA) will help you pursue agencies and collectors that violate the law and your rights. There is also The Federal Trade Commission (FTC) and the State Attorney General's office where complaints can be filed. You can even complain about illegal collection practices to your original creditor.

What I would recommend is that you set up a tape recorder and tell the collector when they call you will be starting to record the conversation. This will be rather intimidating to the collector and they will be on their toes to stay within the limits of the law. Also, ask the collector to provide you with the name of the original creditor, their contact information such as the address and phone number, the collection agency that they represent and their contact information, any file number related to the debt and, this always get's them, their full name, address and phone number. Under your rights under the FCRA, you are entitled to all information in relation to the debt and their personal information is part of that information. Arguably, they don't have to give you their home address or phone number but it does turn the tables on them.

Also, there is the Cease Communication letter that you can send to the collector, that states that you do not do business with hird party collectors and are not, by law, required to do so. This stops the calls immediately.

Dave Capra is author of "Your Guide to Perfect Credit" and host of "The Debtonator Radio Show returning to Chicago airwaves this April on WJJG-AM 1530. His daily columns are available on his blog http://thedebtonator.blogspot.com/ and he is a debt relief consultant with Franklin Debt Relief.

He has been helping people recover from problematic debt since 1990 and has made it his mission to educate consumers about credit cards and debt management. He is currently petitioning legislators in Illinois to include, as required curriculum, courses in credit cards and debt management for all high school students.

"I find it appalling that our children are graduating and entering the adult world uneducated about credit and debt matters, and I intend to do something about it." Capra states. "Know the rules before you play the game," is his war cry.

For information about Dave Capra "The Debtonator" email him at dcapra@franklindebtrelief.com or call 312.674.4861 (office) or 630.433.0303 (cell)