Christian Debt Recovery

Debt Collection Letters

June 23rd, 2010 |

Author: Gavin

debt collection letters

The Truth About Debt Collection

When it comes to debt collection, there are two lines of thought. The first is that people who are in debt are in the wrong, that debt collectors are doing a necessary job, and that consumers should shut up and pay their bills. The second is that all debt collectors are bottom feeders who delight in humiliating consumers who have found themselves in an untenable position. Like most things in life, the “truth” is neither black nor white; the truth is in the gray area somewhere in the middle.

The truth about people who get in debt is that sometimes debt is a result of conscious choices and sometimes it’s a result of circumstances. Some people are binge spenders, buying up the latest toys, fashions, and furnishings, giving nary a thought to how they’re going to pay for it. But the majority of people have good intentions, and then life throws them a curveball. Millions of people have lost their jobs over the past three years. Most bankruptcy filings come about as the result of astronomical medical bills because of an unexpected health emergency.

The truth about debt collectors is that many are upright people who treat consumers with dignity and respect. Many others, however, are put in an untenable position, where they’re expected to meet quotas or given the spoken or unspoken message to do whatever it takes to get every possible dime from the consumer.

The same holds true for debt collection agencies. The better agencies have integrity, sincerely try to work with consumers to work out a payment plan that everyone can live with, and have compassion for unforeseen complications that muddy the best of intentions. The other agencies have a take-no-prisoners culture, where the consumer is assumed to be a deadbeat, and debt collectors are given carte blanche to threaten, cajole, and harass consumers.

When dealing with a debt collection agency, a consumer doesn’t know which camp the company falls into. That’s why it’s important to take precautions and protect yourself – and understand the provisions of the federal Fair Debt Collection Practices Act (FDCPA). That’s the law that protects you, as a consumer, from debt collector abuse. If you’re on the receiving end of debt collection calls or letters, here are three things you should always do:

1. Keep a written record of every call. Jot down the time and day of the call, the name of the person who called, the company they work for, and what was said in the conversation. The FDCPA explicitly outlines when a debt collector can call, how he can represent himself, and what he cannot say.

2. Keep all written correspondence. Keep every debt collection letter, including the outer envelope, and jot down the date you received it. The FDCPA and subsequent caselaw outlines what’s acceptable and what is not acceptable when it comes to written correspondence between a debt collection agency and a consumer.

3. Consult a fair debt attorney. If you feel harassed or embarrassed by a debt collection agency, talk with a fair debt attorney. A fair debt lawyer can see at a glance whether or not a debt collector has crossed the line into illegal behavior. If that’s the case, the attorney can represent you in a lawsuit against the agency. Because the FDCPA specifies that, if a collection agency is found to violate the FDCPA, it may be required to pay your legal fees, your fair debt attorney shouldn’t charge you for representation.

About the Author

Sergei Lemberg, Esq. is the Principal of <a href=”http://www.lemberglaw.com”> Lemberg & Associates</a>, a law firm specializing in <a href=”http://www.stopcollector.com”>fair debt collection law</a>, lemon law, and other consumer law.

1890 RARE “Pairpoint MFG.,Co.”New Bedford,Mass.,(Collecting on a Debt)letter!

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