How to Deal with Aggressive Debt Collectors: Practical Tips and Strategies
Dealing with an angry debt collector can be stressful, especially when they become aggressive. But there’s a lot you can do to make the harassment stop.
As a bankruptcy lawyer, I’ve helped a lot of people navigate these tricky situations. If you’re feeling overwhelmed, remember you have rights and options.
Here are some practical tips and strategies to help you manage aggressive debt collectors.
Creditor Harassment: How Bad Can It Be?
Most angry debt collectors simply raise their voice or speak down to you. But there are definitely horror stories out there.
In the past, unethical creditors have:
- Threatened to take people’s children
- Pretended to be lawyers or otherwise committed fraud
- Said they would harm pets
- Tried to damage people’s employment (especially odd, since isn’t that how we earn the money to pay back debts?)
- Brandished guns and other weapons
- Attempted violence
- And more.
Fortunately, the law protects you from this outrageous behavior, and you do have options if a creditor ever threatens you.
Staying Calm When an Angry Debt Collector Calls
When a debt collector calls, it’s important to stay calm. Getting angry or upset can make the situation worse. Instead, try to stay polite and professional.
It may help to know the creditors’ mentality. Usually, they’re just bluffing, and you have to remember that. They’re doing it to get every dollar they can out of you before you file bankruptcy. They understand the law and know bankruptcy is your best bet.
In addition, creditors usually tend to get really intimidating when they have nothing behind their threats. In other words, if they can take your house or car, they don’t have to threaten you in other ways. Those punishments scare most people enough.
Know Your Rights
The Fair Debt Collection Practices Act (FDCPA) protects you from unfair treatment by debt collectors. They aren’t allowed to:
1. Call you at unreasonable hours (before 8 AM or after 9 PM).
2. Use abusive or threatening language.
3. Contact you at work if you’ve told them not to.
4. Misrepresent the amount you owe.
5. Harass you repeatedly.
If a debt collector violates any of these rules, you can report them to the Consumer Financial Protection Bureau (CFPB) or your state’s attorney general’s office.
You have many other rights under the law. We’ve written a free report to help, called Creditors Can’t Do That, all about stopping creditor harassment for good.
Keep Records and Verify the Debt
Keep detailed records of all communications, including the date, time, and content of each conversation. This can be useful if you need to take legal action later.
It can also help you make sure the debt is actually yours, and that you’re paying the right person and not a fraudster.
Ask the collector to send you a written validation notice. This document should include:
- the amount of the debt
- name of the creditor, and
- your rights under the FDCPA.
Review it carefully and compare it with your own records. If you don’t recognize the debt or believe there’s been a mistake, you have the right to dispute it.
Communicate in Writing
Whenever possible, communicate with debt collectors in writing. This creates a paper trail that can protect you if there are any disputes. You can send a “cease and desist” letter to stop the calls, or a letter requesting verification of the debt.
Be sure to send these letters by certified mail and keep copies for your records.
Negotiate a Payment Plan
If the debt is valid and you can afford to pay it, you might want to negotiate a payment plan. Many creditors are willing to work with you to set up a manageable payment schedule. They just want the money, in whatever way they can get it. Be sure to get any agreement in writing before you start making payments.
That said, the negotiations can fall apart easily. They aren’t always legally binding and don’t have the power of the courts behind them.
In addition, the creditor doesn’t always consider your personal situation the way the courts do. We have a client right now who made a deal with a creditor, but when later she couldn’t afford the deal, she felt she had no other options.
Fortunately, that wasn’t the case…
Consider Your Options
If an angry debt collector is harassing you or you’re unsure about your rights, seek legal help.
Bankruptcy puts a legal, court-ordered stop to foreclosure, repossession, and wage garnishments. It takes your whole financial situation into account. And it offers you a real chance for a fresh start.
Our Memphis bankruptcy lawyers offer a free consultation. We guide you through all your options and represent you in court. And we put a stop to creditor harassment: from now on, if they want to reach you, they have to go through us.
Dealing with aggressive debt collectors can be tough, but you don’t have to go through it alone. We can help you navigate your options and find the best solution for your situation.
Remember, you have rights, and you deserve to be treated with respect and fairness.
To get started with a free conversation, just contact us today online or call us at 901-327-2100.