How to Fight an Aggressive Bill Collector

Falling behind on your credit card bills and other debts often ends up in endless calls or letters from collection agencies. Bill collectors can cause you serious problems, especially when they get aggressive and use harassing or even illegal tactics. Fortunately, you have specific rights against collectors, and when an agency or creditor gets overzealous, you can sue it in court and have it end up paying you.

Instructions

1

Research the Fair Debt Collection Practices Act. This law limits what collectors can do when trying to get you to pay a debt. The FDCPA is a federal law that applies to all states, and knowing its provisions is essential if you want to fight back against a creditor.

2

Keep records of every communication you have with a debt collector. Make copies of letters you receive and those you send, keep a log book of any phone calls made, and explore the possibility of recording phone calls. You may not legally be allowed to record phone calls in your state, so talk to a lawyer before you consider recording conversations.

3

Get information. Debt collectors must give you their names and contact information when they contact you or when you request it. Make sure you keep a record of all the collectors who contact you so you know who to name in a lawsuit if you later sue them.

4

Make your demands in writing. You have the right to demand that a debt collector stop contacting you completely. Though this does not stop the creditor from suing you, you can demand that the creditor stop calling or writing you, or that it only contacts your attorney. Make all such demands in writing and keep a copy. If the creditor later contacts you contrary to your demand, this is a violation of your rights.

5

Contact the Federal Trade Commission. You can file a complaint against any violator you believe violated your rights. Be prepared to provide evidence of the violations. Contact the FTC at ftc.gov or call 1-877-FTC-HELP (1-877-382-4357) to file a complaint.

6

Sue the violators. The Fair Debt Collection Practices Act allows a judge to impose a $1,000 fine for each time a collector violates the terms of the law, even if you didn't suffer financial damage because of the violation. You can sue the creditor in federal court, state district court or state small claims court if your claim is small enough.