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What do do when harassed by debt collectors: Step 1, Understand the law (review previous guides by Mr. McGrath)
A review of the information provided by Mr. McGrath in the previously published legal guides "Federal Law and Debt Collection" Parts 1 & 2 will give you valuable information on what kinds of actions to take to at least reduce the harassment you're enduring.
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What do do when harassed by debt collectors: Step 2, Gather evidence, Part A
STEP 2, PART A: GATHER EVIDENCE! If you do nothing else, at least gather evidence of unethical / illegal actions by a debt collector. This may mean that you must ask questions of the caller. Think about it this way: isn't it better to spend an extra few minutes now, in order to protect your rights - perhaps including recovering hundreds or thousands of dollars? Such evidence can include, but is not limited to: (a) voice mails; (b) caller ID records (if necessary, take a photo of the caller ID screen); (c) handwritten records, including such information as: (1) the date and time of the call; (2) the number that the caller called (your number: home? cell? work?); (3) the number the caller is calling you from, if you have access to that information; (4) the attitude of the caller, including any use of foul language; (5) the caller's name and the name of his/her company, as told to you by the caller; (continued in next section)
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What to do when harassed by debt collectors: Step 2, Gather evidence, Part B
STEP 2, PART B: GATHER EVIDENCE! Such evidence can include, but is not limited to (continued): c) handwritten records, including such information as: (6) on whose behalf the caller is calling, as told to you by the caller; (7) the caller's address and telephone number, as told to you by the caller; (8) the nature of the debt supposedly owed, including the amount, as told to you by the caller; (9) what penalties you face if you don't pay, as told to you by the caller; (10) whether you will owe the debt collection company any fees, as told to you by the caller; (11) whether the caller is an attorney or calling on behalf of an attorney, as told to you by the caller; (12) what actions the caller or creditor are going to take if you don't agree to pay what they are demanding, as told to you by the caller; (13) whether the caller is calling on behalf of a consumer credit reporting agency, as told to you by the caller; and (14) how many times the caller's company has called you in the past.
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What to do when harassed by debt collectors: Step 2, Gather evidence, Part C
STEP 2, PART C: GATHER EVIDENCE! Such evidence can include, but is not limited to (continued): (d) written correspondence (keep copies!); and (e) evidence from other persons a debt collector may have called; (1) for example, friends, relatives, neighbors, etc. may have been contacted by debt collectors; make an effort to get evidence like that listed above from those folks; (2) at a minimum, take notes yourself when others tell you that they received calls from someone looking for you; these persons receiving such calls may be your important witnesses at a later date.
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What to do when harassed by debt collectors: Step 3, Consider hiring an attorney
You may want to consult and perhaps hire a qualified attorney. A debt collector is not allowed to contact you directly, in any way, if (s)he is aware that you have a lawyer representing you on the matter.
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What to do when harassed by debt collectors: Step 4, Consider your legal remedies
If there is sufficient evidence of violations by the debt collector(s), one should consider the legal remedies available. This may include filing a lawsuit against the debt collection agency or just making the debt collection agency aware of your ability to do so, then entering into negotiations on the matter.
