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Jul 30, 2010 -- Know your rights when dealing with debt collectors

Debt collectors who threaten violence or tell the children of alleged debtors that their parents are going to jail are being targeted by a new law in the state of Florida. However, these abuses aren't limited to taking place in the Sunshine State; it's a nationwide epidemic, unfortunately.

While there are many honest, decent collectors in the field, there are also a lot of rogue collectors who simply look for someone of same or similar name to the person they believe owes money. then they'll try to harass or threaten their mark into paying. Some people will pay simply because they're so frightened and intimidated -- even if they don't owe the debt!

Thankfully, the Supreme Court recently ruled 7-2 that you have the right to sue abusive collectors who are hounding you about debts you don't owe. Yet even if you legitimately owe a debt, Clark wants you to know you have specific rights under federal law. Here are a few pointers to keep in mind:

  • Always record any calls from/to a collector.

  • If your debt is outside the statute of limitations, you are not required to pay up. However, Clark encourages you to honor your obligations when you're financially able to do so.

  • You have the right to tell a collector never to contact you again. Use a drop dead letter and send it via certified mail.

  • If you legitimately owe money and wish to make a deal to pay, never give a collector your checking account number over the phone. Collectors routinely take more money than they say they'll take.

  • Never pay one cent until you have an agreement in writing stating your payments will resolve the debt in full.


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

  • Drop Dead Letter
    I also have issues as to how this letter is worded. Also, please note that even if you tell them not to call or write to you, this in no way stops them from continuing to pursue your debt via legal action.
  • Drop dead letter
    I sent a drop dead letter to a collector 8 years after a debt was discharged in bankruptcy and they filed judgment against me I wasn't served any papers and the court has told me it's my word against the collector so the laws in Utah are very anti consumer in my opinion. I also moved to another state and go figure another judgment.
  • Drop dead letter
    I would love for Clark to comment on Annie's comment left on 08/02/10 at 11:35:34 AM, below. Is that the case, or does the debtor just change to another collection agency?
  • Debt collectors changing dates
    Be careful, debt collectors are cha nging the last activity date to make seem like your in the window of statue of limitations
  • Collections calls after Ten Years
    As I understand it I am not supposed to get collection calls after Ten years. But I have one company who continues to call. Also they call my mother even though they talk to me at least once a week. can I still send them a drop dead letter?
  • Debt Collectors
    I receive collection calls all the time asking for people I never heard of. When I politely tell them the person isn't here and I have no idea who they are, I get some mean nasty remarks directed at me. So, I recently purchased a Panasonic phone that allows me to block callers. I add the number to the phone menu, and I never hear from them again. For those in similar situation, this might be a help to you.
  • recording calls
    Eddy,
    If the call from the collector is originating from another state, does your state law apply or does the federal law apply. It is my understanding that federal law only requires that one party on the call know that it is being recorded (same law as some states).
  • Eddy, I think Clark meant to keep a record of any calls to and from the collector, not to actually record the call.
  • Drop Dead Letter
    IF the collector is contacting you regarding a debt still *within* the statute of limitations, you should alter it to say it is inconvenient to receive calls at any time on any number AND that all contact should be via the postal service.

    Failure to make that important change could cause them to sue you immediately, as that would be their ONLY option if the letter was sent as is.
  • Inform collector of recording
    I might add to the first bullet point that you should inform the collector that you are recording the call in states which require you to do so. If you end up using the recorded call in court, you definitely don't want it to turn into a prosecution for unlawful surveillance!
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