Attention from a debt collector is almost always unwelcome. However, the good news is that you can lean on legal protections to give yourself some more breathing room as you work to get out of debt.
Here are some of the top things debt collectors hate when you do, but that they cannot stop.
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Demand they stop calling you
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If a debt collector is contacting you repeatedly, you can demand they stop calling. The Fair Debt Collection Practices Act states that debt collectors do not have the right to call you over and over.
Although you'll stop the phone calls, this won't give you a reprieve from the debt itself. And the debt collector has other legal ways to collect the debt, such as filing a lawsuit or reporting negative information to the credit bureaus.
Tell them not to call at specific times
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Receiving calls at all hours of the day can raise your stress levels. It might even impact your job performance.
However, you have the right to request the debt collector not call you during specific times. For example, federal law generally prohibits them from calling you before 8 a.m. or after 9 p.m. You can also demand that they stop calling you at work.
Insist they stop harassing you
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Harassment from debt collectors is illegal. The Consumer Financial Protection Bureau (CFPB) says debt collectors cannot call you repeatedly with the intention to "annoy, abuse, or harass you or any person answering the phone."
Additionally, they aren't allowed to make threats of violence or use profane language. If they violate the rules of harassment, you can insist they stop. If a verbal request doesn't work, submit a request in writing to the company.
If you still don't get results, you can submit a complaint to the CFPB.
Resolve $10,000 or more of your debt
Credit card debt is suffocating. It constantly weighs on your mind and controls every choice you make. You can end up emotionally and even physically drained from it. And even though you make regular payments, it feels like you can never make any progress because of the interest.
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Demand specific information about the debt
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If you are contacted by a debt collector, you are allowed to ask for specific information. After all, you need to make sure the case is legitimate and is not a scam.
For example, you can ask to know the debt collection company's name and address, the amount you owe, and what steps you can take if the debt does not belong to you.
Tell them to speak to your attorney
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As you navigate paying off your debt, sometimes it makes sense to enlist the help of an attorney. If you have an attorney representing you on debt-related matters, you can tell the collector to get in touch with your attorney instead of contacting you directly again.
If you provide this direction, the debt collector must communicate through your attorney going forward.
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Remind them that they can't touch your federal benefits
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Debt collectors typically cannot take your federal benefits. Many federal benefits are exempt from court-ordered garnishments.
For example, the following are usually protected from garnishment:
- Social Security benefits
- Veterans benefits
- Military annuities
- Railroad retirement benefits
- Federal emergency disaster assistance
- Federal student aid
Warn them that you will file a complaint if they don't back off
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If a debt collector continues to harass you, you can let them know you plan to file a complaint unless they get their act together.
If this threat doesn't work, you can follow through on your promise and report the debt collector to your state attorney general's office, the Federal Trade Commission (FTC), or the CFPB.
Depending on your situation, these agencies might step in to enforce the rules.
Threaten to sue them
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If a debt collector breaks the law surrounding your debt, you can sue them in state or federal court. You'll need to file the lawsuit within one year of the violation, according to the FTC.
For example, if you lost wages or have medical bills due to a debt collector's tactics, you can sue for damages.
Bottom line
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Dealing with a debt collector is never fun. But you have rights, and exercising them can make the process less unpleasant.
As you navigate getting out of debt, consider increasing your income, such as picking up more hours at work, negotiating a raise, or building a side hustle.
The sooner you pay off debt, the faster you can eliminate some money stress and get debt collectors out of your life.
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