Bill Collection Horror Stories Pt. 1

And you thought your debt collection agency was bad! A website recently made a list of bad debt collection experiences and these were among the worst of the collection. Karen Garrett, the public relations coordinator for Pittsburgh-based nonprofit Advantage Credit Counseling Service felt that she had heard it all until her agency received a call from a senior citizen late last year. She had called in tears and told Garrett that bill collectors had called her and told her that they had the police outside. If she did not pay, they were going to drag her to jail.

Debts are a civil matter, not a criminal one, and jail time is not even a retribution for failing to pay delinquent bills. “It’s extremely important for consumers to know that there is no such thing as debtor’s prison” Garrett says, rolling her eyes and smiling.

If bill collectors are making unlawful threats like physical violence, deportation and jail time, you can always report the harassment to the Federal Trade Commission or to your state attorney general’s office. The Federal Fair Debt Collection Practices Act prohibits bad behavior by third party collectors. These people do not follow the same rules as those who are collecting for the creditors directly. They are not allowed to call you at your place of employment if you ask them to stop, publish or threaten to publish your debt, reveal to anyone else that you may have a debt, harass you on the phone or use profanity. The laundry list continues.

They can’t use loss of child custody, deportation, illegal punishment like jail, or physical harm. They cannot call your home before eight AM or after 9 PM or even call at all if you have already written a request asking them to cease contact, or if you’ve hired a lawyer.

One older woman from New Jersey owed $12,000 in credit card debt after placing every day living expenses on her card. The bill collector called and informed her that they were going to take her home. She was also informed that they were not willing to take a penny less than the $12,000 she owed, and furthermore, they wanted it now. She tried to scrape up the money herself but couldn’t. “Debt collection companies are very intelligent when it comes to doing research. They will threaten targeted assets like a home or income source. But in many states, homes are protected from debt collection,

Mallory Megan works for a debt collection agency. She also writes stories on business, finance, consumer spending and collection agencies.

What If I Want A Debt Collector To Stop Calling Me?

A third party debt collector may call the debtor’s place of employment, but they are limited in what they can disclose. They are prohibited from informing an employer about a debt, or attempting to get a debtor fired. In general, a collection agent is restricted from discussing your debt with anyone but you and the credit bureaus, however in some states speaking with a debtor’s spouse is permitted.

While it may not be the best idea, according to the Fair Debt Collection Practices Act, a debtor can notify a debt collector in writing telling them that they want to stop further communication and the collection agent has to comply. The debt collector is usually permitted one more contact to inform the debtor how they intend to proceed with their case. While ceasing communication with debt collectors might seem relieving, it is essentially relinquishing control over your financial situation, and a debt collector is still fully capable of negatively marking your credit score or taking you to court.

The request to cease communication must be written, preferably citing the FDCPA and sent by Certified Mail, Return Receipt Requested. If a creditor was on the fence about whether or not to file a lawsuit against the debtor, the decision will usually be made right after this point, instead of being further delayed.

Again, just because the collection agent can no longer contact you anymore does not make the debt go away. After a consumer has sent a “cease and desist” notice to their debt collector, their debt will either be returned to the original creditor, passed on to another third party agency, or in rare instances, filed away simply as uncollected, all depending on the circumstances.

Try to keep in mind though, when the collection agent calls, they usually have the authority to offer you a repayment plan or a reduced amount to pay, which will absolve you of your debt so you don’t have to worry about it anymore, and make it easier for you to pay. Although they get a lot of bad press, most debt collectors are for the most part friendly and more than happy to work with you if you want to work out some sort of payment. It’s a win-win situation for both parties: your debt has been paid and the collector gets a nice commission check for the week to bring home.

Mallory Megan works for Rapid Recovery Solution and writes articles on national collection agencies Also published at What If I Want A Debt Collector To Stop Calling Me?.