Repeated calls from debt collectors can be aggravating; especially if you do not owe the debt. Some debt collection agencies engage in unscrupulous practices to harass you and try to intimidate you into paying the debt. The Federal Trade Commission is in charge of enforcing the Fair Debt Collection Practices Act. This law makes it illegal for debt collectors to harass you. If you are being harassed about a debt that you do not owe, you can take certain steps to protect yourself.
Instructions
- 1
Write down the debt collector's information when he calls. Get his name, the name of the company, the phone number and the address. Ask him how much you supposedly owe and who you owe it to. Never make a statement to the debt collector that admits you owe a debt or that may be construed that way. This may be used against you later.
2Make a record of any harassment, such as threats or obscene language. According to the Federal Trade Commission, debt collectors are barred from contacting you at inappropriate times (after 9 p.m. or before 8 a.m.) without your permission. If the debt collector calls you at work, you may inform her either orally or in writing that your employer does not allow that behavior. Legally, the company must cease calling you at work. Further, the debt collector may not harass a third party regarding the matter.
3Expect to receive a "validation notice" after the debt collector calls you. According to the Federal Trade Commission, debt collectors must send you written notice about the debt within five days of calling you. This notice must include the amount you supposedly owe and who you owe it to. It must also advise you of how to dispute the debt.
4Write the debt collector a letter disputing the debt and requesting verification of the debt. Inform the company of the reason you do not owe this debt. Include copies of any documents that back up your claim. Never send the original documents. If you do owe the debt, but it is past the statute of limitations and can no longer be collected, state that the debt has expired according to your state's law. You must send the letter within 30 days of receiving the validation notice, but the sooner you send it, the better. In the meantime, the debt collector may be contacting a credit agency.
5Make a copy of the letter disputing the debt before you mail it. Send it by certified mail with a return receipt requested. This will prevent the debt collector from claiming that he never received it. Once he receives the letter, it is his responsibility to provide proof that you owe a debt.
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