Guilt Stops Many From Dealing Effectively With Credit Card Debt

October 31, 2009 by Matthew Highlander  
Filed under Debt & Credit Information

These days, there are many consumers who simply cannot pay the high monthly minimum payments on their credit card debts. Their guilt about that will make their likely encounter with credit card debt collectors all the worse.

Some consumers in this situation realize they do not have to suffer this financial death by guilt.

A proven legal strategy for dealing with overdue unsecured credit card debt that cannot be paid is to deny it and dispute it with a debt collector (not the original creditor), according to the Credit Card Debt Survival Guide. It is important to understand this is a legal strategy and not a reflection on the character of the person using this strategy. This is analogous to pleading the Fifth Amendment and making the other side prove their case.

The Fair Debt Collection Practices Act requires the credit card debt collector to send the consumer a statement saying;

1) Unless the consumer disputes the validity of the debt, the debt will be assumed to be valid by the debt collector and

2) Says that the consumer must dispute the debt, in writing, within thirty days of dispute.

According to the Fair Debt Collection Practices Act, a consumer can also write to the credit card debt collector saying that they want the debt collector to stop contacting them about the debt.

Then what happens, when the consumer disputes and denies a credit card debt and instructs collection communications to cease when a collection attempt is made by a credit card debt collector? Their job has been made harder. They must validate the debt with copies of original documents. That means going back to the credit card company for documents, then forwarding them to the consumer.

In the case of an unsigned and unsecured credit card debt, the credit card debt collector first has to get the consumer to admit their guilt and that they owe this debt. How this first debt collection communication from the debt collector is handled is important. The debt collector is likely to move on to a consumer who requires less work, if they are faced with a denial, a dispute of the debt and instructions to cease communications.

Matt Highlander is a consumer who has researched credit counseling, debt settlement, debt collectors and collection attorneys. If you are seeking credit card debt relief, read his Credit Card Debt Survival Guide

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