Don’t Take Phone Calls from Credit Card Debt Collectors

In: Credit & Debit

20 Aug 2009

There is little legal weight to what someone says over the telephone. The caller can say what they like with impunity. And that is why debt collectors use the telephone as their main weapon. When exchanges with consumers are done in writing, debt collectors lose their effectiveness.

The record of written contact with a credit card debt collector is what holds weight in court. That record is a lot stronger when a consumer sends all letters certified return receipt requested.

Over the telephone credit card debt collectors lie a great deal. These are some of those lies:

1. They scare you by claiming that a lawsuit has been filed against you in your local court and that a complaint is on its way.

2. They advise you to make an affordable token payment because they know that if you do this then you are documenting admission to the debt.

3. They threaten to put a negative listing on your credit report.

4. They threaten to have your wages garnished.

5. They tell you they can seize your bank account.

Each of these lies is a violation of the Fair Debt Collection Practices Act.

On the phone, credit card debt collectors attempt to get you to admit to the debt, confirm the debt’s credit card number and share personal information like your Social Security number, your work place phone number, and your bank account information. According to the Credit Card Debt Survival Guide, at this point you should deny and dispute the debt (whether or not it is yours), tell them they are just a voice on the other end of the line. They could be anyone, and you do not share your personal financial information with strangers. Then hang up.

If you end up taking a call from a credit card debt collector, you should only stay on long enough to find out what debt they are telephoning about. Before hanging up, advise them that you need written notice of this debt and that you will not talk about it over the phone.

The Fair Debt Collection Practices Act allows the consumer to instruct the debt collector in writing to stop all collection calls. After that each call is a violation of the law, and subject to a $1000 penalty. Consumers should keep logs of the phone calls and contact a consumer rights attorney, who may agree to sue the credit card debt collector over these violations on a contingency fee basis.

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