Dealing with Debt Collectors
Debt is becoming a much bigger issue for Americans, and debt collectors are working overtime to try to collect payments that are in default. Last year, there were more than 78,000 complaints filed against debt collectors, the largest complaint total of any year on record. The reasons for this are understandable, as more American are in debt, more people are behind on payments, and loan issuers are desperate to collect on loans.
Spurring the complaints are increasingly intrusive and annoying methods being used by debt collectors. One of the newest tricks being used by debt collectors is the use of social networking sites. One collection agency was even accused of creating fake profiles on sites like Facebook or Myspace and sending friend requests under the guise of an attractive member of the obvious sex. Once in your network, they follow you to watch for big ticket purchases or other bits of information that they could use to persuade you to pay your debts.
There are laws in place to protect consumers from abusive collection practices, but most people aren’t aware of these laws. It’s important to know that collectors must identify themselves to you, they can’t discuss your debt situation with anyone besides you and your attorney, they can’t threaten you with a lawsuit unless they really plan to take your case to court, and they can’t bother you before 8AM or after 9PM.
In addition to these rules, most states have statutes of limitations on when debts can be collected. Look into the rules for your state to see if your old debts are outside the statute of limitations, which usually ranges between three and six years.
Finally, there are some borrowers who decide to declare bankruptcy just to get the collectors to leave them alone. While collectors can be a nuisance, dealing with them is much easier than dealing with the costs associated with a bankruptcy. A better step is to send a letter asking in writing for the collector to stop contacting you. Legally, a collector must adhere to your request except to take legal action against you. This is a much simpler and less expensive step than bankruptcy and often gives you the result you’re looking for-no more contact from debt collectors!
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