This article is not written to give a false sense of winning every collection process.
More importantly, it is written to give encouragement and hope in what is an unfortunate situation.
We have all overspent and miscalculated in our financial matters.
Sometimes it is forced upon us by a medical emergency or a car breakdown and sometimes simply by normal desire to have something.
In previous articles I have referred to the Federal Fair Debt Collection Practices Act (FDCPA).
This Federal act is designed to protect debtors from illegal and unfair collection procedures and intimidation tactics used by many unprofessional collection agencies and collection attorneys.
I advise everyone to acquire a copy of this document and study it.
The time will come when you must be prepared.
Remember, when you are contacted by a collection agent, he/she is generally a seasoned professional and has an answer to nearly everything-all in their favor.
Their calls come fast and furiously, but they cannot contact you more than three times in a day before it is legally called harassment.
You can also request they not contact you on certain days, times or at work.
Too many times your request will be disregarded as will your declaration that you do not owe the debt or simply cannot afford to pay.
Many/most of these collectors are paid by the dollar amount they bring in and they get more aggressive in the latter days of the month to fill quotas or goals.
You can request they stop calling, but to verify your request you should send it in writing as a "Cease and Desist" letter.
Mailing by certified/return receipt mail will prove when they received it.
To avoid the letter they may simply hand off to another division with a different name or simply not pay attention to it.
Avoidance of the letter is illegal, but it is up to you to legally enforce it.
Always require proof of the debt from the agency.
This is important: The agency/attorney does not have to prove the validity of the debt; only a signed statement from any creditor or agency claiming the debt is valid.
This changes somewhat if you are being sued, if so you may request from the attorney/agent a FDCPA Verification.
This, again, only requires a signed verification for court filing that the debt is owed, but gains some time for your court preparation and may frustrate the collector somewhat.
No action can be take during the time needed to prepare this and lets the collector know you are not a pushover.
Mail this by certified/return receipt mail.
In the previous process and later do not irritate or try to intimidate the collector, be courteous and respectful! The next step is: File a SWORN DENIAL, notarized, and present it to the attorney and the court for filing.
This denies you owe the debt and requires the collector most often (check with an attorney) to have a live witness to testify the debt is valid.
This many times can stop or at least forestall proceedings.
Third step: File DISCOVERY with the attorney and the court.
This document is to be a written Request for Production of Documents asking for a signed copy of the original agreement upon which the debt is based.
Delinquent credit card debt is bought and sold so often that it is doubtful that the attorney can obtain a copy and if he can it may take a very long time.
With this accomplished you must take it upon yourself to SHOW UP on the court date and be prepared to verify what you say.
An attorney would be the most viable way, but if you are in debt you probably can not afford one.
You can defend yourself, but remember you are again doing battle with seasoned professionals within their arena.
Winning this experience can be an ego builder, but losing does not mean that you are a "Second Class Citizen"! You now realize that INTIMIDATION is the only tool that collection agencies/attorneys have in their arsenal.
If somehow you can refuse to be intimidated you many times can be the winner.