Those undergoing a difficult financial situation know how annoying debt collectors can be and how often they disrupt peoples life and contribute to increase the stress of an already stressful situation. Some of the practices that debt collectors use are often in the verge of illegality and immorality. But not too often people know how to protect themselves and how to put a stop to debt collectors misconduct. Following are some tips and methods you can use to defend yourself and others from debt collectors abuses.
The type of practices that debt collectors can make use of vary from state to state but if you want to know whether a certain practice is legal or illegal you should take into account the Fair Debt Collection Practices Act that provides regulations for those company working on the debt collection field. Local regulation can be even harsher on collection agencies than federal regulations and thus, it is a good idea to contact a specialist when you are being harassed by a debt collection agency.
Contacting The District Attorney
As explained above, regulations vary from one state to another and thus, contacting your district attorney is a smart move. Sometimes they are just too overwhelmed with job and they can not help you much and though they can always delegate on subordinates they may also be too busy. If the situation is just too stressing and you can not wait for the times that public representation imposes, you can also try contacting a private attorney to represent you and engage in legal conversations and negotiations with the collection agency to force it to cease and desist on their harassment practices.
Legal Actions And Costs
What you need to understand is that this type of legal actions can be expensive and though in the long run you may win and obtain an order from the court for damages to be paid to you, that may take a while and in the meantime you will need to pay for the fees and costs from your own pocket unless you find a lawyer willing to take the risks and costs and collect at the end of the trial. If you are victorious you can recover all the legal fees and costs plus an additional amount for you when the court orders damages to be paid, however, you should always consider that the possibility of losing exists.
What to Expect From The FTC
It is important to understand that this is not the main purpose of the federal trade commission and therefore there are more practical approaches to this issue. Nevertheless, the federal trade commission can take action when one of these companies repeatedly violates the fair debt collection practices act or other regulations on this matter. A single complaint about a debt collection agency may not be enough though, and only after several complaints the FTC may resolve to take action. Yet, that is the reason why it is important to make a complaint. All complaints will be registered and once an agency accumulates enough complaints an investigation will take place.
The Federal Trade Commission can block the operations of an agency that repeatedly violates the Fair debt collection practices act, it can also impose fines, conduct legal investigations with the aid of other federal agencies, etc. Though contacting the FTC may not be a solution for you right away, it will certainly help others that would otherwise suffer what you had to go through. It should not be your only curse of action but you should file a complaint with them nevertheless.
Debt Collectors Stop Calling
When it comes to "zombie debts," you need to know your rights and do some research. If you have spent years improving your credit, the appearance of zombie debts can drag your credit score down. In an instant, your score can plummet. How? Zombie debts rise from the dead. Paying them has the potential to bring that debt back to "life" and it shows up negatively on your credit report.
And all because you are doing the responsible thing.
A friend of mine recently received a call from a collection agency regarding a debt from over a decade ago (and on top of that, he knows for a fact that this bill was paid). He took down the information and gave me a call. I told him that collectors cheaply buy old debts from companies. And, as per usual, they're aggressive and unceasing in trying to make you pay for old debt.
A quick online search regarding this issue turned up too many results, which only underscores how big of a problem this is. Debt collectors will sometimes go after these zombie debts-even if they have been paid. For those of you with credit histories that are squeaky clean-just as my friend's credit history is-continue to be aware of this issue. In his case, the financial record was lost and he almost paid the bill thinking it would be the easiest option.
If you find that you're being pestered by a deb collector for an old debt, then know your rights. Jump online and do a quick internet search. You will be surprised at what you find.
You should also contact your state attorney general's office to find out the statute of limitations on years-old debts. You should be aware that there different rules apply not only in different states but also in dealing with the statutes for different types (health care debts may have a different statute of limitation then a credit card debt, for example). Even if it is outstanding, if it falls beyond the limits of the statutes, then you are not required to repay it. (I suggest that you speak to a financial professional once you have all the information you need, though.)
Furthermore, many financial professionals suggest that, if you are contacted by the collection agency for a zombie debt, you should send them a certified letter with a return receipt asking for the details of the debt they are trying to collect.
As always, know your rights and do your research. If you are confused about an issue, you should always talk to your own financial advisor so you can make an informed decision. In fact, it is always a fantastic idea to check and double-check with those who know.
Both Ben Needles & J. Richard Shanley are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Ben Needles has sinced written about articles on various topics from Business Credit Cards, Anger Control and Business Credit Cards. About the Author (text)Lara Sawyer is a professional loan advisor who helps people to secure Bad Credit Loans and Debt Consolidation Loans. At ht. Ben Needles's top article generates over 550000 views. Bookmark Ben Needles to your Favourites.
J. Richard Shanley has sinced written about articles on various topics from Collection Agencies, Credit Cards. J. Richard Shanley has created an incredible debt reduction tool that can help discover the best approach to debt elimination. Head over to the TheDebtSlayer.com and buy it. J. Richard Shanley's top article generates over 4400 views. Bookmark J. Richard Shanley to your Favourites.
Best Cellular Phone Coverage The definition of a good buy would be when you get more for less, which is very likely provided that you take the effort to shop around