1. Know how the collection process works. – Why are you being contacted by a collection agency? It usually means that a creditor has not received payment from you for several months. They have negotiated with another company or are using an in-house affiliate called a debt collector to attempt to get you to pay.
2. Know your rights. – earn to recognize abusive collection practices. Even if you owe a debt, a collector owes you fair treatment and respect for your privacy. Also, be aware that even if the collector’s conduct does not exactly match the language of the federal Fair Debt Collection Practices Act, that collector may still be liable for its conduct.
3. Ask questions and learn specifics. – When a collector calls, get as much information as possible. Ask for the name of the caller, the collection agency, the creditor, and the address and fax number. Also ask about the amount the collector claims you owe. In this first call, you should also tell the caller you expect written follow-up if you have not yet received a notice in the mail.
4. Assert your right to privacy. – If your first contact with a collector is by telephone, tell the caller that you want all future contact in writing rather than by phone. You can also instruct the collector not to call you at work or at all if that is your choice. Also you should tell and write the collector that you are the only person to be contacted.
5. Start and keep a file. – At the first contact from a collection agency, start a file. Your file should include: Dates and times of phone conversations, notes of conversations along with the name of the collection agency employee, copies of correspondence you send, as well as those you receive including envelopes, copies of correspondence you send, as well as those you receive including envelopes and Copies of messages that are abusive or overly intrusive.
6. Put it in writing. – Send any correspondence, including disputes, to both the collection agency and the creditor by Certified Mail, Return Receipt Requested. When in doubt, send a written confirmation of anything that you may need to prove later.
7. Clarify payments. – If you negotiate a repayment plan over the phone, ask the representative to send you the terms of the plan in writing. You may also write a letter that explains your understanding of the negotiated repayment plan. Payments made to a debt collector when multiple debts are involved should clearly specify to which debt the payment is to be applied.
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8. Pay the proper party. – Payments should be made to the debt collector and not the original creditor unless you are expressly instructed to pay the creditor directly. In this case, you should confirm such instruction in writing to both the creditor and the debt collector.
9. Don’t be coerced. – Never pay a bill you don’t owe just to get the collector to “go away.” Any payment of the debt is considered an acknowledgement that you are responsible. Even if you pay, that will not erase a negative entry on your credit report.
10. Examine balances, interest charges, and other fees and charges. – Carefully review the amount you are being asked to pay. You should ask the collector to tell you the amount of the original debt as well as give you a breakdown of any interest, fees, or charges that have been added.
11. Military members should make an appointment with the local Judge Advocate General’s office if contacted by a collector. The Soldiers and Sailors Civil Relief Act (SSCRA) provides protections for military members whose financial life is affected by military service.
12. Don’t ignore a collector even if the debt is not yours. – It is in your best interest to respond to a collector immediately. Delay can mean the collector will continue to contact you. The collector may even file a lawsuit and get a judgment against you. The result can cost you more time and trouble in the long run.