Jan 18, 2011
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First and foremost if the debt collectors are calling, you need to answer the phone. You need to answer the phone because there is a good chance that you may be able to make some kind of payment arrangements to avoid negative information on your credit report or collevction agency involvement. The longer you put them off the more stressed you will be when you do finally answer the calls. You are under stress and the collector must do their job. So just take a breath and answer the call.
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2
Determine if the debt collector is in fact being rude, unreasonable or breaking consumer laws. It may be that you are just having a bad day or the bills have you stressed. It may also be that you have a valid case. If so document anything you dream a violation or abuse of your rights as a consumer.
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3
Make note of the times and method in which the debt collector is contacting you. By law a debt collector can contact you between the hours of 8am-9pm ONLY. Anytime outside of this block is illegal and can be filed as a complaint. You can be contacted by phone, mail, in person, telegram or fax.
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4
Make note of what types of requests are being asked of you by the collector. A debt collector cannot ask for any amount over what you owe unless permitted by your state law. If you specify where a payment is to be applied, the collector must apply it to that amount only. You cannot be forced to pay any amounts that are in dispute or you believe you don't owe.
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5
Make note of any threats the collector makes. A debt collector cannot use derogatory, profane or obscene language when attempting to collect debt from you. Any threats of bodily harm are against the law. Likewise, threats of taking property or arrest fall into this category.
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6
If you are not pleased with the way in which a debt collector is handling your situation ask to speak to a manager immediately. Document everything! Get the operator or employee number of the debt collector you spoke with. If you don't receive the proper attention from a manager, report the creditor and any information surrounding the call immediately.
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7
Report the creditor and/or debt collector to the FTC (Federal Trade Comm4e6ission) and your state's Attorney General office immediately.