When it comes to the subject of debt collecting, there are a lot of misconceptions and misinformation. Here are some tools of the trade that you can use if a debt collector ever calls you. When the collection agent calls, the first thing you want to do is determine if this is a third party collector or an in house collector. Third party collectors are hired by creditors on contingency, while in house collectors are the creditors.
Ask the debt collector "Are you contacting me as a creditor or a third party collection agent?" Not only will this give the bill collector the impression that you are competent, but it is important to know, because third party debt collectors must abide by strict regulations enacted under The Fair Debt Collection Practices Act. Keep in mind that most debt collectors are third party ones.
The debt collector will deliver what is known as a "mini Miranda." What this means is that your phone call is being recorded and anything you say can be utilized by the company to collect debt. After this they will ask you about the debt that they are calling about. Instead of replying in any way that would acknowledge that you owe money, politely request some initial information from the collection agent before the conversation continues. By law, a third party collection agent is required to give you the name of the agency, their address, fax and phone number, and the name of the original creditor. Ask for all of this, the debt collector's name, and their specific phone number.
After you have gotten this key information, inform the collection agent that you are busy right now and will call them back in an hour. Keep in mind that debt collectors will always try to achieve a sense of urgency and may insinuate that you must or should talk to them now, but you do not have to. Now, after hanging up, you are in control because the ball is in your court.
Take this time to try to remember if you know what debt the collection agent might have been asking you about. If you remember legitimately acquiring the debt, and the amount of the debt is correct, call back the debt collector and ask them if there is some type of repayment plan you could work out with them. It's important to pay off this debt before the debt collector marks your credit score negatively, or even recommends that the creditor file suit against you.
Ask the debt collector "Are you contacting me as a creditor or a third party collection agent?" Not only will this give the bill collector the impression that you are competent, but it is important to know, because third party debt collectors must abide by strict regulations enacted under The Fair Debt Collection Practices Act. Keep in mind that most debt collectors are third party ones.
The debt collector will deliver what is known as a "mini Miranda." What this means is that your phone call is being recorded and anything you say can be utilized by the company to collect debt. After this they will ask you about the debt that they are calling about. Instead of replying in any way that would acknowledge that you owe money, politely request some initial information from the collection agent before the conversation continues. By law, a third party collection agent is required to give you the name of the agency, their address, fax and phone number, and the name of the original creditor. Ask for all of this, the debt collector's name, and their specific phone number.
After you have gotten this key information, inform the collection agent that you are busy right now and will call them back in an hour. Keep in mind that debt collectors will always try to achieve a sense of urgency and may insinuate that you must or should talk to them now, but you do not have to. Now, after hanging up, you are in control because the ball is in your court.
Take this time to try to remember if you know what debt the collection agent might have been asking you about. If you remember legitimately acquiring the debt, and the amount of the debt is correct, call back the debt collector and ask them if there is some type of repayment plan you could work out with them. It's important to pay off this debt before the debt collector marks your credit score negatively, or even recommends that the creditor file suit against you.
About the Author:
Mallory Megan works for Rapid Recovery Solution and writes articles on commercial collection agencies. This article, The First Thing You Should Do If A Bill Collector Calls is released under a creative commons attribution licence.
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