How to Get Help With a Credit Card Judgement With a Debt Collector?

In good or bad financial times, you may come across debt collectors. Some may harass you by calling you at odd hours of the day, swearing or yelling at you or making threats of violence to get you to pay the debt they say you owe. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from engaging in these behaviors, threatening to harm your reputation or property, advertising the fact that you owe a debt, calling you with the intent of harassing you, not disclosing their identity or misrepresenting themselves.

Instructions

1

Tell the debt collector you do not owe the debt if you believe you do not owe money. Gather past credit card bills and payment receipts that prove you paid each month's bill on time. Keep written documentation of every call you receive from the debt collector -- date and time of each call and what was said, according to Consumer Ed.

2

Inform the debt collector that you do not want to get any more calls from him. Follow up with a Cease Communication letter, directing the debt collector to immediately stop all communications regarding the debt. Do not admit to owing anything. Include why you do not believe you owe any more money and inform the debt collector that any more communication from them violates the Fair Debt Collection Practices Act. Sign the letter and mail it, certified mail, return receipt requested, according to Community Legal Aid. Keep a copy of your letter for your records.

3

Read the information in the letter the debt collector sends to you. It should let you know who the original creditor is, the amount of the debt, language letting you know that, if you don't dispute the correctness of the debt within 30 days of the date you get the letter, the debt collector will move ahead, assuming the debt is valid. The debt collector must let you know that if you dispute all or part of the debt, he has to send you written verification that you owe the debt. He should also tell you that, if you request, he will send the name and address of the original creditor if it is different from the current creditor, according to Consumer Ed.

4

Write a letter disputing the debt (either the whole debt or a part of it). Include as much documentation proving your position as you can -- copies of receipts, money order receipts or checks and any other information that proves your point. Include a statement in your letter that you are not acknowledging that you owe money on this or any other debt, according to Consumer Ed. Mail your letter within 30 days of receiving written notice from the debt collector. Again, sign and date your letter and mail it by certified mail, return receipt requested. Keep a copy of this letter for your records.

5

Contact the Legal Aid office in your community. Depending on your income, you may qualify for help from a Legal Aid attorney to help you as you negotiate with the debt collector. Ask your attorney what your rights are regarding debt collections.

6

Call a credit counseling agency to help you with your credit card negotiation. Don't pick the first one in the phone book -- instead, check your resources and find out which agencies are listed as nonprofit and which are listed as for-profit. Check with the Better Business Bureau and the Federal Trade Commission to determine whether complaints have been filed against agencies with which you are considering working. A good credit consumer counseling agency will not charge you any up front fees. Instead, they will work with the credit card company to set up lower interest rates and get punitive fees waived. You pay the agency, which then pays the credit card company. The credit card company pays a commission to the agency. Once your agreed-upon debt is paid, you are done. Several agencies that claim to help those experiencing debt problems -- instead, they help themselves by scamming customers, making it necessary for you to do your homework.