Their Collection Procedures......Intimidation Is Their Weapon!
In previous articles I have referred to the Federal Fair Debt Collection Practices Act (FDCPA). This Federal act is designed to protect debtors from illegal and unfair collection procedures and intimidation tactics used by many unprofessional collection agencies and collection attorneys. I advise everyone to acquire a copy of this document and study it. The time will come when you must be prepared.
Remember, when you are contacted by a collection agent, he/she is generally a seasoned professional and has an answer to nearly everything-all in their favor. Their calls come fast and furiously, but they cannot contact you more than three times in a day before it is legally called harassment. You can also request they not contact you on certain days, times or at work. Too many times your request will be disregarded as will your declaration that you do not owe the debt or simply cannot afford to pay.
Many/most of these collectors are paid by the dollar amount they bring in and they get more aggressive in the latter days of the month to fill quotas or goals.
You can request they stop calling, but to verify your request you should send it in writing as a "Cease and Desist" letter. Mailing by certified/return receipt mail will prove when they received it. To avoid the letter they may simply hand off to another division with a different name or simply not pay attention to it. Avoidance of the letter is illegal, but it is up to you to legally enforce it.
Always require proof of the debt from the agency. This is important: The agency/attorney does not have to prove the validity of the debt; only a signed statement from any creditor or agency claiming the debt is valid. This changes somewhat if you are being sued, if so you may request from the attorney/agent a FDCPA Verification. This, again, only requires a signed verification for court filing that the debt is owed, but gains some time for your court preparation and may frustrate the collector somewhat. No action can be take during the time needed to prepare this and lets the collector know you are not a pushover. Mail this by certified/return receipt mail.
In the previous process and later do not irritate or try to intimidate the collector, be courteous and respectful!
The next step is: File a SWORN DENIAL, notarized, and present it to the attorney and the court for filing. This denies you owe the debt and requires the collector most often (check with an attorney) to have a live witness to testify the debt is valid. This many times can stop or at least forstall proceedings.
Third step: File DISCOVERY with the attorney and the court. This document is to be a written Request for Production of Documents asking for a signed copy of the original agreement upon which the debt is based. Delinquent credit card debt is bought and sold so often that it is doubtful that the attorney can obtain a copy and if he can it may take a very long time.
With this accomplished you must take it upon yourself to SHOW UP on the court date and be prepared to verify what you say. An attorney would be the most viable way, but if you are in debt you probably can not afford one. You can defend yourself, but remember you are again doing battle with seasoned professionals within their arena. Winning this experience can be an ego builder, but losing does not mean that you are a "Second Class Citizen"!
You now realize that INTIMIDATION is the only tool that collection agencies/attorneys have in their arsenal. If somehow you can refuse to be intimidated you many times can be the winner.
Our government schools do not teach students how to handle money. It is up to you to become educated as to how to handle your finances. The following website is a good place to start.
Related Tags: debt help, debt collection, intimidation, collection procedures
The author of this article has created and owned numerous business. His business experience has demanded being on both sides of collection procedures. He has even defended himself successfully in court. His concern for others who find themselves with problems has created a desire to help individuals educate themselves and their families through what he calls "Wealthful Thinking". Go to: http://www.StopTheirGame.smmsite.com
Your Article Search Directory : Find in ArticlesRecent articles in this category:
- Debt Settlement Programs In 2010 - Learn How To Get Your Debt Bought Out
Are you (interested in|searching for} some great information on debt settlement programs?Are you sea - Many Ways In Which A Debt Settlement Company Can Help You
Have a look at the latest figures of total personal debt in the United Kingdom. As per the reports, - Debt Consolidation Services Whats Best For You
A debt consolidation service is really a loan that is applied for to pay off pre-existing debt. Prec - Debt Consolidation Advice
If you don't know how to repay your various debts, and find your creditors chasing you for the payme - The Guide To Debt Solutions
By the end of 2009, the number of personal insolvencies that had been filed in courtrooms around Eng - What Debt Solutions Do You Have Available?
For people who find themselves in a difficult financial situation there are a number of debt solutio - Government Debt Management Help And Advice
No matter how good your money management skills are, there might come a time when you'll find yourse - Paradise Found With Debt Consolidation
Paradise Lost-Paradise Found with Debt ConsolidationIf your life and the life or your family is not - How To Consolidate Credit Card Debt?
Have you ever wondered if what you know about Consolidate Credit Card Debt is accurate? Consider the - A Very Simple Approach To Debt Reduction That Works.
Debt Reduction seems to have become fashionable and its not considered a dirty word anymore. The eco
Most viewed articles in this category:
- Help is Around With Consolidation Loans
If piling debts is a cause of concern for you, then read on to find the key to solve your problems. - Debt Consolidation Loans: it is Never Too Late to Mend your Ways
The fulfilment of desires in our lives is like mirage; the more you chase them, the more they seem t - Debt Consolidation To Avoid Further Damage To Your Credit!
So if you are beginning to miss payments or pay late and you fear your credit will get ruined, it's - Reduce Credit Card Debt by Managing Debt
Reducing your credit card debt is not easy, and requires planning and discipline. We all know that - Consolidate Debt Through a Bad Credit Mortgage
How can anything called a "bad" credit mortgage be considered good? You would be surprised that it - Debt Consolidation Loans - Bring your Finances Back on the Track
Debt consolidation loans enable one to pay off all his debts in one go. It is an option to merge all - Take Advantage of Credit Card Debt Counseling and Get Rid of Your Debt
We all know how credit card debt can creep up on us. The credit card companies are only too happy t - Time Share Your Way Into Debt
Cancun, do you want to live here for a couple weeks a year? Hey if you want to learn how come attend - Roll your Debts Into a Single Manageable Debt With the Debt Consolidation Loans
Are you deep into debt but clueless on how to get out of it? Are you losing your nerves keeping trac - Debt Consolidation - Is it Right for Me?
Many people search for a way to bring life back into their finances and relieve their ever growing