Guide To Debt Collectors.

November 16, 2009 by  
Filed under Bankruptcy

Even if you didn’t know that you had outstanding debt, you may have gotten the dreaded call from a debt collector. When you get that phone call during supper time, or get that dreaded notice in your mailbox, emotions will run high. The first step is always the same: remain calm. You still have several options moving forward. You also have rights that you should know about in the coming months.

These rights are what you need to know. For example, after nine in the evening, a creditor is not allowed to contact you. If you’re getting harassed late into the night, call a lawyer. Another right that you should employ is that creditors must give you a written notice of your debts as well as proof that you made the debts. You should always request these to verify the authenticity of your caller.

Next you should know bankruptcy is never the only option; there is always a bankruptcy alternative. You should carefully research all of the options before making any decisions. Some of these will be described later in the article, but many others exist. However, you should always make sure that you are dealing with a reputable provider.

The first thing you should consider is a personal debt management plan. This is something you can implement without outside help to pay down your debt over time. You may have to make some changes to your budget, but if you want to come away clean, this is the way to go. Although it may seem like putting a band-aid on a wound, you should carefully consider this option.

A debt payment plan is the next step up the ladder is creating a debt payment plan with your creditors or debt collection agency. This is a structured payment plan, which takes in the input of your creditors instead of your just your own. Beware of fighting this process, as it could lead to wage garnishment. In general, it is never a good strategy to ignore this problem.

If your debt is really worse than you can manage, then you may have to seek a more drastic form of debt relief. Beware: this is going to ruin your credit for the next seven years. A debt settlement is just as bad on that front as declaring bankruptcy. But if there are no other options, make sure you choose a good plan from a reputable provider.

At the end of the day, you have to remember that this won’t end your life. At worst, you’ll have financial troubles for the next few years. See this as a good chance to get your credit cars under control and do better next time.

Dealing with Debt Collection Agency’s can be extremely stressful, so make sure you equip yourself and work with a reputable company.

Five Things You Need to Know About Debt Collectors Rights

September 20, 2009 by  
Filed under Debt & Credit Tips

If you owe money to creditors, you may already be aware of your rights under the Fair Debt Collection Practices Act. Under the Fair Debt Collection Practices Act, also known as the FDCPA, you have the right to demand certain ethical debt collection practices from debt collectors.

The FDCPA specifies exactly when debt collectors can contact you, how they can do it, and what they can tell you in order to collect on a debt. One example is that a bill collector can’t tell you a lie or misrepresent the truth about your debt. The FDCPA was created after a long string of debt collectors abusing people to collect on debt. What you probably don’t know about the FDCPA, however, is that even bill collectors have rights.

The first is that they have the right to communicate with you to let you know that you owe a debt. They can communicate with you via telephone or by letter. In this phone call or letter, they can tell you exactly how much you owe, including any fees or penalties.

Next, they have the right to keep contacting you unless you tell them in writing that you don’t owe the money that they claim you do, that you don’t owe them as much as they say you do, or that you’re demanding that they give you proof that you owe the debt. They are, however, limited by the FDCPA in how and when they can communicate with you, but as long as they stay with the rules under the FDCPA, they’re allowed to continue to contact you unless you tell them to stop.

Thirdly, if the original creditor and the debt collector are one and the same, or the debt collector is an in-house agency affiliated with the original creditor, they’re allowed to keep contacting you even if you ask them to stop. The reason for this is that the FDCPA doesn’t see creditors as being the same as debt collectors, so they don’t have to operate under the same rules as debt collectors do. Of course, they still have to obey the guidelines of decent behavior as outlined by the FDCPA, including not annoying people that you know, or calling you during all hours of the night.

Fourth, a debt collector has the right to contact others about your debt. They can only do this once, though, and they can only do it to find out your address, your telephone number, or the place where you work. They are, however, prohibited from contacting any third party multiple times, because that would be harassment.

Lastly, a debt collector can sue you in court in order to collect on a debt that you owe them. Of course, you still have the right to defend yourself in any legal proceedings, but if the judgment goes against you, the judge may garnish your wages.

When dealing with debt collectors, make sure that you know your rights under the law. But also make sure that you know the rights that the law gives to debt collectors. This knowledge can help you to better deal with them when and if they become a problem.

Sean Payne is crazy about personal finance and getting out of debt. After paying off his own debt, he devoted years to finding the quickest way to get out of debt, and keeping your cool while dealing with debt collectors. To learn more about debt collectors’ rights, and what you can do to preserve your peace and quiet, check out his excellent debt reduction course.

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