Sunday, June 29, 2003

How to Handle Collection Agencies Who Call About Someone (Un)related

How to Handle Collection Agencies Who Call About Someone (Un)related

When collection agencies have trouble tracking down someone who owes money, it is common for the agency to "clutch at straws," and find out whatever they can from whomever they can. They will search public records to find any possible links to the person, whether it is through ex-spouses, or distant relatives, or anything at all. They will then typically call these people and try to get information. In some cases they will even try to pressure family members into paying whatever is owed by the individual that they are seeking. They will sometimes resort to illegal or unethical means to try to convince family members that they are responsible for the money, when they may not legally be. This article offers some steps to dealing with this situation.

Instructions

    1

    The first step is to document every communication that comes your way. This is because sometimes agencies just keep calling. Write down the time of the call and the phone number on your caller ID. If the person leaves a message, call them back when you can. If you truly have no involvement in the matter, just politely explain so. Don't get on the defensive. In some cases they may have the wrong number, or they may be searching for someone with a similar name, or someone who owned your house 30 years ago, or something like that. They could be after a distant relative of yours that you didn't even know you had, or after an ex-husband of an ex-wife of an ex-husband. If you have no idea what they are talking about, just explain that, but try to obtain any information that you can about the caller, such as their name and company name. They will more likely share this with you if are polite, and imply a willingness to try to answer their questions honestly.

    2

    If you do have a fairly close connection to the person that they are after, try to find out whatever details you can, but in no way agree that you are responsible for the other person, and in no way speak on their behalf. Say as little as possible. Encourage the person to provide all relevant information in writing, and mail it to you. They can get your address anyway, so that is not a concern.

    3

    Obviously if you or your spouse owe money, seek legal or financial guidance. If they claim that money is owed by your parent or sibling, you are probably not responsible for paying their debt, but they might try to convince you otherwise. Just seek legal advice, and do not conduct any business at all over the phone.

    4

    Sometimes calls will continue. This can be because they are trying to harasses you to pay the money that a family member owes. It can also be because the company is disorganized, and has 10 different people working on the same case, and each one doesn't know that the other is calling. Politely ask them to stop calling, but don't make any threats unless calls keep coming in. If they do, simply give them one more chance, remind them that everything is being documented, and inform them that you your next step will be to file a written harassment complaint with your local police department and your state's Attorney General. Almost certainly they will just pull your number from their computer.

    5

    Note that I would usually suggest researching the collection agency on the Internet, but you will likely find nothing but complaints about any such agency. People get angry if they get a call that has nothing to do with them, and certainly people are angry if they receive a call about a debt from 10 years ago that they were certain had fallen through the cracks.

    6

    Understand that if the collection agency is truly legitimate, then all they are really trying to do is track down someone who probably left the country, or changed their name illegally, or is just hiding somewhere. Often they are only trying to show their own insurance company that a good-faith effort was made to collect the debt.

    7

    If calls continue to come in despite everything you did in the above steps, and you are certain that they are actually from the same agency (one agency cannot be held responsible for another), then you will have to make good on the threat from Step 3. A simple letter mailed to your local police precinct should really suffice. All the police can really do is just call the agency on your behalf, and inform them that a harassment claim was made, but that should be more than enough to stop them.

    8

    Again, if for some reason it truly is a sticky situation, seek immediate legal and financial help from professionals. You could also start out by posting your situation on legal forums where you can get some free basic help. Be polite with the caller at all times. Don't take anything they say personally. They are just following their script and doing their job. Of course you could very well be on the phone with a complete scam artist who is just trying to trick people into handing over money, but still try to keep your cool.

    9

    Document every word that they say, but inform them that you will not conduct any business over the phone. If they are convinced that you truly owe them money, then they will send you a certified letter explaining so, and you can take the appropriate legal action. If they don't do this, but just continue rambling on the phone, then it is highly suggestive of a scam, and you should just follow the guidance in the steps above. Try not to worry about it. It will resolve itself.

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