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What to Do When a Debt Collector Calls

Written by: Samuel John Glover

Reputation Level 8

Bankruptcy Debt Collection

Posted over 3 years ago. 10 helpful votes, 0 comments

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Keep Your Cool

Keeping your cool on the phone with a debt collector can be extremely difficult, but it is very important. Even if the debt collector is polite, credit and debt is a sensitive topic, and you may feel like the debt collector is just out to get your money. And, well, they are! But stay calm, be polite, and get all the information you can. Here is what you should find out: * The name, phone number, and mailing address of the collection agency * The name of the debt collector * The original creditor (the person or company to whom you owe the debt) * The amount of the debt Whatever you do, do not admit that you owe the debt. You do not have to admit that you owe a debt—even if you do—in order to pay or settle that debt. If you admit you owe it and later realize you do not, the debt collector could use your admission against you in court.

Record the Call If You Can

If you can, you should record all phone calls to or from a debt collector, as well as any voicemail messages. Before you try to record a debt collection call, make sure to give your equipment a couple of practice runs. After you make a recording, copy it to your computer and back it up, just in case. Do not forget to record any answering machine messages, as well. Finally, if the debt collector calls anyone else, make sure you get recordings of those calls or answering machine messages from the recipients, as well.

Take Careful Notes

Whether or not you record your phone calls with a debt collector, you should take careful notes of every conversation. If you cannot record, your notes will be your only proof of what the debt collector said or agreed to. Take notes on every call and voicemail message as if you were writing a movie script, and use as much detail as you can. If the debt collector calls anyone else, make sure they take notes, as well. Your goal should be to create an accurate record of every call, letter, and other communication, including what was said in each.

Request Debt Validation

After the first phone call, you should make the debt collector validates the debt. While you may recognize the debt, you need to make sure that the collection agency calling you actually has the right to collect the debt. You must do this in writing, and you should do it within 30 days of the first communication from the debt collector. The collection agency must send the information you request before it can do any more collecting. Don’t expect much, but at a bare minimum, you should expect to get some statements showing charges you made.

Call a Consumer Rights Lawyer

The Fair Debt Collection Practices Act offers consumers powerful protection, and many states have laws that offer additional protection. If a debt collector violates the FDCPA, they will be liable to you for up to $1,000 and for the emotional harm they cause. Most importantly, if you hire an attorney, the debt collector will have to pay your attorney for you if you win. Because of this, most consumer attorneys are able to take FDCPA cases on full contingency—meaning you will not have to pay them unless they recover money for you. To find a consumer lawyer in your state, use the lawyer database at the National Association of Consumer Advocates, a trade group for consumer rights lawyers. Enter your state and, under “Search by Areas and Level of Expertise,” look for a lawyer with experience in “Fair Debt Collection Practices.”