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Apr 14, 2009 -- Lawsuits against errant debt collectors on the rise

Listener complaints about debt collectors are spiking again as the industry's bad guys go out of control. And Clark knows whereof he speaks; debt collection is a job he worked through grad school!

Many debt collectors do their job respectfully. Unfortunately, many others don't. The latter ones will flout the law and even hassle a family member over someone else's debt.

According to The Houston Chronicle, one person was harangued for a relative's debt and told they would be jailed! That individual hired a lawyer, sued the collection agency and won a huge judgment.

There are only 2 circumstances when you may have an obligation for the debt of a relative. The first is if you co-sign for the debt. The second is if you live in a community property state, in which case you can be responsible for your spouse's debt.

Community property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

But otherwise, don't let them intimidate you into paying a relative's debt.

Also, know the statute of limitations in your state. This length of time pertaining to the legal enforcement of a debt can be anywhere from 3 years to a much longer period in a handful of states.

And if a collector intimidates, harasses, cusses or threatens jail, be sure to record the phone call.

The Houston Chronicle also reports that lawsuits against collectors were up 60% over the past year. It's not a question of whether you owe, it is a question of what collectors are permitted to do to collect on that debt. Here are a few other pointers for staying safe:

• Never give your checking account number over the phone. There are no exceptions here. The collector will empty your account within minutes.
• Never agree to any payment unless stated in writing that it will be considered payment in full.
• Never pay anything against an old debt that's outside of statute. Any payment may be legally interpreted as a reaffirmation of the debt.

Legitimate collectors will be respectful and decent in their dealings with you. Beware of those who are not. And do not be intimated into paying the debt of a stranger.

Unfortunately, Clark won't be able to answer any questions submitted via commenting. If you have a question, please try posting it to our message boards.

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What others are saying

  • HARRASMENT FOR CREDITOR
    I have a creditor threating to garnish my pay check can they do this without going to court.
  • CFG - Creditors Financial Group 06/11/09
    All time creditor low...IRONIC their website is down today, HUMMM SUSPECT. I got a a call today at my home for my neighbor. The person at CFG called as if she were friend of my neighbor with this is a "personal emergency" said she had been trying to get hold of my neighbor for days and could I leave a note on her door to call. I asked I am uncomfortable with you calling me, having my number as her neighbor and how did you get my name. The reply"it is matter of public record." Well I live at address right next to this woman. So I said "What is your name and who are you with" Ms. SO N SO at CFG. I replied what is CFG- What is CFG stand for 'Creditors Financial Group" I WENT OFF How dare you find a neighbor in public record, call my home and pretend you are concerned person in her life and ask me to leave a note on her doorstep to call a Credit Agency. Shame on you, this is harrassment and send her a letter in the mail if you want to contact her. I demanded to not call me again, announced I am reporting you as of today. I have the woman's name at CFG, whom I will not write in this reply, and I am reporting CFG for shameful tactics no matter if someone in debt, for harrassment to me, and literally close to Criminal Activities. I pray someone stops these bottom feeding folks...:(
    _________________
  • Citispank Trolls for 10+ year old account
    Living in California, I'd been pretty proactive and successful dealing with collectors, but this company that got some Citibank account from a decade ago just wouldn't let go. They didn't cross the line by blabing to room mates, but used the OPPOSITE tactic: they wouldn't disclose who they were or send a copy of the claim no matter how I threatened them: with the CA Attorney General, contacting their local law enforcement for harassment, nothing! (This is when I discovered how helpful the San Diego PD is when they told me to get lost and "file the complaint where the crime was committed: MY HOME TOWN!) They were even clever enough to say their collecting of the old debt was valid and legal, without saying they had any legal power to enforce it by going to court. I didn't know they can TRY TO COLLECT as long as they want. I didn't want to send a drop dead letter, for fear they might be an identity theft ring.

    After discovering they were members of the Better Business Bureau, I wrote an extensive complaint including a demand for them to send a copy of the debt via U.S. mail.
    They immediately replied with a letter, forwarded by the BBB, DENYING ALL OF THEIR TACTICS and agreed to stop contacting me if I agreed to close the case with the BBB. I haven't heard from them since, but I'm still waiting.
    The FTC is worthless for a consumer, they have NO enforcement powers for individuals. I know, because there is an office in S.F. I've tried to use for a few consumer issues. Just use your state's Attorney General's office and the Better Business Bureau.
    California USED to use to have an agency that regulated collectors, but was cut during Governor Pete Wilson's reign.
    Thanks Pete!
  • Collectors
    I used to own a collection agency. I played by the rules of the Fair Debt Collection Practice Act by the letter, as do about 75% of all collectors.

    If you feel thay are not adhering to this, document everything, and call the Federal Trade Commission.

    Remember though, if it is a legitimate debt, you wouldn't have these calls if you just paid the bills. If you can't, don't procrastinate until it gets to collections, deal with the creditors immediately. In these times, they are more than willing to work with you, and they don't want to give up 35-40% of the money owed to collection agencies to recover their money.
  • collections companies
    do not panic when they call,tell your self you are in control,if you fail to do this you will a pawn of the collections people
  • Liars, be careful. If I remember the law correctly, everytime you actually talk to them, it "resets" the timer on the debt. So even if it is from the 90's, you have reaffirmed it and they can continue to try and collect.
  • liars
    i still get calls from my daughters old debts from the late 1990's. Way out of statute. these liars say they are current and will do anything they can to collect.
    So i play games with them and keep them on the line sometimes for over 30 minutes while i answer the door, go to the bathroom and other things.
    I have no pity for these predators.
  • Inheriting Debt
    What about a Reversed Mortgage where (in my case), my father might outlive the value of the banks "loan". If he dies w/ greater debt than assets, (Missouri), I understand that his children could be responsible for outstanding debts. What do you think?
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