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How to Handle Debt Collectors in just 3 Steps

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How to Deal with Debt Collectors in just 3 Steps

Don’t be rushed into payment. Validate your debt and know your rights.

Written by Sean Pyles Senior Writer | Personal finance, debt Sean Pyles leads podcasting at NerdWallet as the host and producer of the NerdWallet’s “Smart Money” podcast. On “Smart Money,” Sean talks with Nerds across NerdWallet’s NerdWallet Content team to answer listeners’ personal finance questions. With a focus on shrewd and actionable money advice, Sean provides real-world guidance to help people improve in their finances. Beyond answering listeners’ money questions on “Smart Money” Sean also interviews guests outside of NerdWallet and also creates special segments that explore subjects such as the racial wealth gap, how to start investing and the background of college loans.

Before Sean lead podcasting for NerdWallet He also covered issues that dealt with consumer debt. His work has appeared in USA Today, The New York Times as well as other publications. When he’s not writing about personal finances, Sean can be found playing in his garden, taking runs , and taking his dog on long walks. Sean is located within Ocean Shores, Washington.

7 April 2022

Editor: Kathy Hinson Lead Assigning Editor Personal finances, credit scoring financial management and debt Kathy Hinson leads the core personal finance team at NerdWallet. Prior to joining NerdWallet, she worked for 18 years at The Oregonian in Portland in roles including copy desk chief and team leader for design and editing. Her previous experience includes news and copy editing for various Southern California newspapers, including the Los Angeles Times. She graduated with a bachelor’s in journalism and mass communications at the University of Iowa.

A majority of the products we feature come from our partners who pay us. This impacts the types of products we write about and the location and manner in which the product is featured on the page. But this doesn’t affect our assessments. Our views are our own. Here is a list of and .

Debt collectors are harassing you for payment on a consumer debt you owe. tactics can be annoying at best — and criminal, or even illegal, in the worst case.

It’s crucial to know how to deal with debt collectors – including understandingto claim your rights and select the most effective method to . Before you say anything or make any payments make sure you take these steps:

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3 steps for dealing with a debt collector

1. Do not give into the pressure to pay at first contact

As you wouldn’t dive into a contract without fully understanding its terms, don’t rush to pay when a debt collector calls you. Make time to consider your .

“A majority of people are embarrassed of having debts, and that’s what debt collectors are after,” says Ramon Khan an ex-debt collector from Texas who now works in the field of online marketing.

“They create that sense of urgency and play on the pain points to force you to make a payment. If, at the end of the day owe the sum of $50,000, $100,000 or even more, they really don’t want to pay all of it. If they can force you to pay a portion of it, that works toward their amount of.”

Don’t make a payment, don’t pledge to pay and don’t give any payment information the collector can make use of later. Request information about the debt and say you’ll be in touch to discuss it later.

A single paymenteven a small amount like $5 or $10 is an acknowledgment of the debt and can result in serious consequences. In the event that the balance is past the date, for instance the payment could reset that clock and could result in a lawsuit or .

Readers may also have questions.

Do you have the right to go to jail for not paying back the payday loan?

Failure to repay a loan is not considered a criminal act. In fact, it is the responsibility of a lender to threaten the borrower with arrest or even jail. Nonetheless some payday lenders have succeeded in using bad check laws to file criminal complaints against their customers, and judges erroneously rubber-stamping the complaints.

What happens if you don’t pay a debt collector?

In the event of ignoring a delinquent debt could put your salary and bank account, as well as your property at risk. Additionally, you may lose the right to contest that you owe the debt.

How can I contest a loan?

There are two options you can use to challenge the debt: first, a the collector of the debt must provide you with a letter detailing the debt and the rights to dispute the debt; and secondly, a debt verification letter. You can submit a written request to get more information and temporarily halt collection efforts.

2. Find the information you need

If the creditor who originally sold the debt to a third party -who may then go on to resell the debt again, and so on -the recordkeeping process often falls to the sidelines. Many sold debts have errors in the amount of debt or even the person who owes the debt.

Collection practices for debt are one of the largest sources of complaints by consumers with the Consumer Financial Protection Bureau as the result. About 70,000 complaints were filed in 2021 on the matter The main reason for this was consumers being asked to settle debts they did not due [0] Consumer Financial Protection Bureau . . Accessed April 7, 2022.

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Ask for a letter from the debt collector if you don’t receive one within five business days from the first time you contact. The document should provide information on the debt, the collection company and the best way to contest the debt.

Make your own notes on the debt in the event that it’s yours including the information about the creditor’s original identity and history of payments.

Keep accurate records of your communications with the debt collector as well as any payments previously made. It is recommended to use certified mail for the best documentation.

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Sign up with NerdWallet to view your financial breakdown and future payments all in one place.

3. Know your rights and how you can use them

Your ally is. This law outlines your rights as a consumer and shields you from unfair collection methods. For instance:

Communication: You are able to specify the manner and time when they can reach you and request to stop all communication. Debt collectors are prohibited from using vulgar language or threat of violence.

Honesty: Debt collectors are not able to lie to you regarding whom they’re from, how much debt you have or the legal consequences for not paying your debt -for example threats of arrest.

Contesting the debt The debtor has the right to challenge the debt. If you contest this debt before 30 days of first contact, the collector cannot ask for money until you have made sure the issue has been resolved. After 30 days you can still challenge the debt, but the collector can seek payment while the dispute is being looked into.

You could be protected if the protections under the FDCPA have been violated. Your state may offer further consumer protections. Check with legal aid in your local area or the state attorney general’s office.

Know your state and federal protections in the debt collection process. Your state’s as well as the federal government are excellent resources.

Whether it’s sending an email to debt collectors to request more information on the debt, or requesting that the debt collector stop contact, you should know how to exercise your rights as a consumer — as well as not be afraid do so.

Author bios: Sean Pyles is the executive producer and host of NerdWallet’s Smart Money podcast. His writing has been featured in The New York Times, USA Today and elsewhere.

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