Wednesday, January 9, 2008

How to Fight a Collection in Colorado If You Are Jobless

How to Fight a Collection in Colorado If You Are Jobless

Being unemployed is tough enough, but add constant phone calls from debt collectors and your stress level goes through the roof. Fighting a collection in Colorado when you are jobless involves knowing your rights, verifying an alleged debt, working with a credit counselor and battling in court if collection laws have been violated. If you dispute a debt or cannot pay one at this time, there are measures you can take to work through these financial issues.

Instructions

    1

    Know your rights. There are Colorado state laws regulating debt collection procedures, as well as federal laws protecting consumers from unscrupulous and harassing debt collectors. Review Article 14, known as the Colorado Fair Debt Collection Practices Act, to familiarize yourself with consumer rights. For instance, it is against the law for a debt collector to harass you or call at certain times of the day.

    2

    Get it in writing. If you dispute the debt, request a copy of the bill in writing, along with the name of the creditor. According to Colorado's debt collection law, a collection agency is required to provide this information within five days after initial communication. Document when you make the request and when the information is received. You will have 30 days to dispute the debt or any portion of it. Send your dispute in writing by certified mail and retain a copy for your records. The debt collector will then be required to verify the debt.

    3

    Contact an accredited Colorado credit counseling agency. Colorado's Better Business Bureau (bbb.org) maintains a directory of reputable credit counselors. Click on the "Find a BBB accredited business" link and type in "Credit counseling" in the search engine. For instance, Community Credit Counseling Services in Lakewood offers one-on-one counseling, as well as debt management through consolidation assistance. Contact this BBB accredited agency at 303-233-2773 or online at community-credit.org.

    4

    Request that the calls stop. According to Colorado and federal law, if you request debt collection calls to stop, they must cease. However, be aware that the collector can pursue the debt by other legal means, such as through small claims court or by filing a lien, depending on the size and type of debt. If the lien is filed against your property, it simply means you must pay the debt at the time the property is sold for the lien to be released.

    5

    Protect your bank account. Do not give out your checking account number to a debt collector and refrain from making payments through an automatic withdrawal from your account. If you are paying a portion of the debt or making any payments, pay with a money order.

    6

    Enlist an attorney. If a debt collector is breaking Colorado or federal collection laws, contact an attorney and sue. You can request attorney fees and court costs, along with damages.

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