Wednesday, May 19, 2004

How to Make Debt Collectors Go Away

There are ways to make debt collectors go away -- but stopping debt collectors from contacting you and resolving the debt permanently are two different challenges. Debtors who simply ignore debt collectors could eventually receive a lawsuit. A debtor is forced to deal with a debt collector when that happens with often disastrous results. The best way to make a debt collector go away is by creating an overall strategy for eliminating the debt.

Instructions

    1

    Consult with a consumer affairs attorney, if possible, to fully understand the consequences of making debt collectors go away by ignoring them. The attorney can tell you about the process debt collectors use to file lawsuits in your county, as well as the penalties for losing debt lawsuits, such as monetary judgments and bank or wage garnishment.

    2

    Allow the attorney to pull your credit report for an analysis of your debts. The attorney can compare your debts against state statute of limitation laws to determine which debts you can safely ignore. All states have limits on how long debt collectors have to pursue debts in court.

    3

    Consult with a nonprofit credit counselor in your area if you choose not to meet with a lawyer. A credit counselor can offer general information about debt lawsuits and tell you about state statute of limitation guidelines. Get a referral for a credit counselor from a local charity, such as the United Way.

    4

    Send letters to debt collectors indicating that you are exercising your rights under the Fair Debt Collection Practices Act regarding contact with debt collectors. Instruct the debt collectors not to contact you by telephone or mail about the debt. The Federal Trade Commission reports that after receiving the letter the debt collector may contact you only to confirm that it is complying with your request, or to announce a specific action, such as the assignment of your debt to a debt collection attorney for a possible lawsuit.

    5

    Resolve debts, eventually, by contacting debt collectors to settle for less than the full balance -- a process known as debt settlement. Or consider bankruptcy if your debt is excessive. Chapter 7 bankruptcy eliminates credit card and other unsecured debt in only a few months. Chapter 13 bankruptcy requires a payment plan lasting three or five years. Both forms of bankruptcy make debt collectors go away immediately as your finances are managed by a federal bankruptcy court.

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