There is little legal weight to what someone says over the telephone. The caller can say what they like with impunity. And that is why debt collectors use the telephone as their main weapon. When exchanges with consumers are done in writing, debt collectors lose their effectiveness.
Written communications from and to a credit card debt collector are what matter in court. If a consumer is writing to a debt collector it should always be certified return receipt requested.
Over the telephone credit card debt collectors lie a great deal. These are some of those lies:
1. They claim you are the target of a lawsuit in your local court and that you’ll get your summons any day.
2. They threaten to have you arrested. (Debts are civil, not criminal.)
3. They tell you you may be arrested, knowing no one can be arrested for a civil matter.
4. They tell you money will be taken from your weekly earnings.
5. They might even threaten you with having your bank account seized.
The Fair Debt Collection Practices Act is violated by each of these threats.
On the phone, credit card debt collectors attempt to get you to admit to the debt, confirm the debt’s credit card number and share personal information like your Social Security number, your work place phone number, and your bank account information. According to the Credit Card Debt Survival Guide, at this point you should deny and dispute the debt (whether or not it is yours), tell them they are just a voice on the other end of the line. They could be anyone, and you do not share your personal financial information with strangers. Then hang up.
If you end up taking a call from a credit card debt collector, you should only stay on long enough to find out what debt they are telephoning about. Before hanging up, advise them that you need written notice of this debt and that you will not talk about it over the phone.
You should be aware that as a consumer the Fair Debt Collection Practices Act gives you the right to write to the debt collector to instruct them to stop telephoning you. If they continue, they are breaking the law and are liable to a $1000 penalty for each call made. Consumers are advised to log each phone call to interest a specialist consumer rights attorney in suing the debt collector on a contingency fee basis.
Related posts:
- The First Thing You Should Do If A Bill Collector Calls
- If I Am In Debt, Who Can A Bill Collector Contact About It?
- To Eliminate Credit Card Debt Do Not Answer When a Credit Card Debt Collector Calls
- Be the Consumer Credit Card Debt Collectors Do Not Want to Collect From
- Guilt Stops Many from Dealing Effectively with Credit Card Debt
