If you have ever received a call from a debt collector, you know how intimidating and scary it can be. Maybe you’re wondering “why is a debt collector calling me?”. Many people are unsure of what to do or say when a debt collector contacts them. In this blog post, we will explore the reasons why debt collectors call individuals and what steps you can take to deal with these calls.
- BBB A+ Rating & Accredited
- $300 Million Debt Settled
- $8,000 Minimum Debt
- 25th best financial firm, USA (INC Magazine)
- Minimum Debt $7,500
- $ 3 Billion Plus Debt Resolved
When people encounter excessive debt, they typically compare debt consolidation vs debt settlement. In this blog, we will shortly discuss which option is better for you, so you can finally find stability in your financials.
What are Debt Collectors?
Before we dive into why debt collectors call, it is important to understand what a debt collector is. A debt collector is a person or company that specializes in collecting debts owed to others. Debt collectors are typically hired by creditors or third-party collection agencies to collect past-due debts. They are trained to negotiate and communicate with debtors to recover the money owed.
Why is a Debt Collector Calling Me?
There are several reasons why a debt collector may be calling you. The most common reasons include:
You have missed a payment on a debt.
If you have missed a payment on a debt, the creditor or lender may hire a debt collector to contact you and request payment. Debt collectors may also contact you if you have fallen behind on payments or have defaulted on a loan or credit card.
You have an outstanding debt.
If you have an outstanding debt, a debt collector may contact you to request payment. This could be a debt that you were not aware of, such as an unpaid medical bill or an old credit card account.
Your account has been sent to collections.
If you have an account that has been sent to collections, a debt collector may contact you on behalf of the collection agency. This could be for any type of debt, including medical bills, credit card debt, or personal loans.
You have been a victim of identity theft.
If you have been a victim of identity theft, a debt collector may contact you to collect debts that were incurred fraudulently in your name. If you believe that you have been a victim of identity theft, it is important to contact the creditor or lender and notify them of the situation.
What to Do When a Debt Collector Calls
If you receive a call from a debt collector, there are several steps that you can take to deal with the situation. These include:
Verify the debt.
The first step when dealing with a debt collector is to verify the debt. Ask the debt collector for information about the debt, including the name of the creditor or lender, the amount owed, and the date of the last payment. You have the right to request this information under the Fair Debt Collection Practices Act (FDCPA).
Request written confirmation.
If the debt collector is legitimate, they will be able to provide you with written confirmation of the debt. Ask the debt collector to send you a written confirmation of the debt, including the amount owed, the name of the creditor or lender, and any other relevant information.
Don’t ignore the debt.
Ignoring the debt will not make it go away. If you ignore the debt, it could lead to legal action, wage garnishment, or other consequences. It is important to address the debt and work out a repayment plan if possible.
Know your rights.
Under the FDCPA, debt collectors are required to follow certain rules and regulations when contacting debtors. For example, they cannot call you before 8 a.m. or after 9 p.m. unless you have given them permission to do so. They also cannot harass or threaten you, or use deceptive or misleading practices to collect the debt.
Consider working with a credit counseling agency.
If you are struggling to repay your debts, consider working with a credit counseling agency. These agencies can help you develop a budget and repayment plan, negotiate with creditors on your behalf, and provide other financial counseling services.
Fair Debt Collection Practices Act and Debt Collection Agencies
The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates how debt collectors can interact with consumers. The FDCPA provides guidelines to protect consumers from abusive, unfair, or deceptive debt collection practices. Debt collectors are required to provide certain disclosures to consumers and must follow specific rules when attempting to collect a debt.
For example, they cannot use threats, harass, or misrepresent themselves when communicating with a consumer. The FDCPA also grants consumers the right to dispute a debt and request that a debt collector provide verification of the debt. Failure to comply with the FDCPA can result in legal action against the debt collector.
How do i know when I am getting called by a legitimate debt collector?
Firstly, ask for the collector’s name, company, and contact information. Legitimate collectors will provide this information without hesitation. Secondly, request for a written validation notice which will include the amount owed, the name of the creditor, and your rights as a consumer. Thirdly, be cautious of aggressive tactics such as threats of legal action or arrest, as these are illegal.
Moreover, legitimate collectors will not ask for payment via wire transfer or prepaid debit cards. If you have any doubts, contact the creditor directly to confirm the legitimacy of the collector. Remember, it’s important to protect yourself from scammers who may try to take advantage of your financial situation.
Get Out of Debt With Debt Settlement
The best way to avoid debt collectors is consolidating your debt. Debt settlement is an effective way of reducing debt for those who are struggling to make their monthly payments. Debt settlement is a process whereby a debtor negotiates with their creditors to reduce the total amount owed. This is done by offering a lump sum payment to the creditor in exchange for a reduction in the amount owed.
The debtor can then pay the reduced amount in full, which results in the debt being settled. Debt settlement is an attractive option for those who are struggling with high-interest debts, as it can reduce the total amount paid over time. It is important to note that debt settlement can have a negative impact on a debtor’s credit score, so it should only be considered as a last resort.
Debt Consolidation vs Debt Settlement
Debt consolidation and debt settlement are two popular options for people struggling with debt. Debt consolidation involves taking out a loan to pay off multiple debts, while debt settlement involves negotiating with creditors to settle debts for less than what is owed.
Debt consolidation is typically a better option for those with good credit and a manageable amount of debt, while debt settlement may be more suitable for those with a large amount of debt and a lower credit score. It is important to weigh the pros and cons of each option and seek professional advice before making a decision. Ultimately, the goal is to become debt-free and regain financial stability.
Conclusion
Receiving a call from a debt collector can be a stressful and intimidating experience. However, it is important to remember that debt collectors are simply doing their job and trying to collect debts owed to others. By verifying the debt, requesting written confirmation, and knowing your rights, you can deal with debt collectors in a calm and professional manner. If you are struggling with debt, consider working with a credit counseling agency to get back on track and regain control of your finances.
FAQs
Why am I receiving calls from a debt collector?
If you have outstanding debt that has not been paid, the creditor may have assigned a debt collection agency to recover the amount owed.
Is it legal for a debt collector to harass me with constant phone calls?
No, debt collectors are prohibited by law from engaging in harassment or threatening behavior, such as calling repeatedly or using profanity.
How long can a debt collector continue to pursue me for unpaid debt?
Debt collectors have a limited time to pursue unpaid debts, typically ranging from 3 to 10 years depending on the state and type of debt.
Can a debt collector garnish my wages or seize my assets?
Yes, if a debt collector obtains a court judgement against you, they may be able to garnish your wages or seize your assets to recover the unpaid debt.
What should I do if a debt collector contacts me?
You should respond promptly to debt collectors and try to work out a payment plan or settlement. It is also important to verify the debt and ensure that the collector has the legal right to collect.
Can I negotiate with a debt collector to lower the amount owed?
Yes, debt collectors may be willing to negotiate a lower amount owed in exchange for a lump sum payment or payment plan.
Will unpaid debts affect my credit score?
Yes, unpaid debts can have a negative impact on your credit score and make it difficult to obtain credit in the future.
Can I dispute a debt that a collector is attempting to collect?
Yes, you have the right to dispute a debt that a collector is attempting to collect. You can request validation of the debt and challenge any inaccuracies or discrepancies.
Glossary
- Debt: Money that is owed to someone or an entity.
- Debt collector: A person or company that specializes in collecting debts on behalf of creditors.
- Creditor: A person or entity that lends money or extends credit to another.
- Collection agency: A type of debt collector that is hired by creditors to collect on delinquent accounts.
- Delinquency: Failure to make payments on a debt as agreed upon in the contract.
- Default: Failure to pay a debt according to the terms of the agreement.
- Statute of limitations: The time period within which a creditor can legally pursue collection of a debt.
- Fair Debt Collection Practices Act (FDCPA): A federal law that regulates how debt collectors can communicate with debtors and collect debts.
- Robocall: A type of automated phone call that is often used by debt collectors to contact debtors.
- Garnishment: A legal process by which a creditor can seize a portion of a debtor’s wages or bank accounts to satisfy a debt.
- Bankruptcy: A legal process by which a debtor can discharge or restructure their debts.
- Credit score: A numerical rating that reflects a person’s creditworthiness based on their credit history.
- Credit report: A comprehensive record of a person’s credit history, including their payment history, outstanding debts, and credit inquiries.
- Debt consolidation: The process of combining multiple debts into a single, manageable payment.
- Settlement: An agreement between a creditor and debtor to resolve a debt for less than what is owed.
- Repayment plan: A structured schedule of payments agreed upon between a debtor and creditor to repay a debt.
- Hardship letter: A written explanation of a debtor’s financial circumstances that may be used to negotiate a debt repayment plan.
- Cease and desist letter: A written request for a debt collector to stop contacting a debtor.
- Consumer credit counseling: A service that provides financial education and assistance to consumers in managing their debts.
- Debt validation: The process of requesting verification of a debt from a debt collector.
