Do’s and don’ts of dealing with debt collectors

There are too many to list, but here are a couple of the most important ones:

Don’t tell a debt collector where you bank or where you work

Debt collectors are always in hot pursuit of bank and employer information because bank and wage garnishments are easy and inexpensive ways to collect a debt. A favorite trick debt collectors use to find out this information is to say “We already know you bank at ABC Bank.” Surprisingly, many people will reply “No I don’t. I bank at XYZ Bank.” Don’t fall for this trick.

Do keep accurate records of all communications with a debt collector

Be sure to keep all letters from debt collectors, including their envelopes. Take detailed notes of every conversation immediately after hanging up the phone. Sign and date these notes. If a debt collector makes a promise, demand that he confirm it in writing. Occasionally, debt collectors will make an agreement that they don’t have authority from the creditor to make. Subsequently, the creditor may try to renege on the deal. Combat this by having the agreement in writing.

Do understand the difference between the dismissal of a lawsuit WITH prejudice and a dismissal WITHOUT prejudice

Dismissing a lawsuit with prejudice means a debt collector can never sue you again for the debt. Conversely, a dismissal without prejudice means you can be sued again for the debt. Often, when a debt collector can’t prove its case, it offers you a dismissal WITHOUT prejudice and sells the debt to another debt collector to try again. Don’t fall for this trap.  Also, if you agree to settle a debt collection lawsuit, make sure you get a dismissal with prejudice and keep it. Occasionally, debts that have been settled get sold and collection activity resumes.

Don’t lose your temper with a debt collector

This is not always easy, particularly with debt collectors that use abusive language. And if you’re being called by debt collectors, you’re probably dealing with significant stress and it can be easy to lose your temper. Resist this temptation and keep your end of the conversation professional. Let the debt collector lose his temper and make mistakes. If the debt collector violates the FDCPA, your claim will be stronger if the debt collector’s abusive language was unprovoked.

(photo: Kevin Steele)