It is not necessary for you to deal with debt collectors if you are a consumer. You have the right to halt communications with them. However, you may want to deal with them so that they will remove the negative listings on your credit but keep in mind that you can also deal directly with the original creditor.
If you do not want to work with a debt collector you should avoid the phone. Do not speak to them over the phone, just politely inform them that you want to have everything in writing and then hang up. If they continue to call you can send them a “cease and desist” letter.
Be informed of your rights. You can read about the Fair Debt Collection Practices Act or the FDCPA at the Federal Trade Commission (FTC) website. This law prohibits debt collectors from using unfair, abusive or deceptive practices in order to collect a debt from you. It also specifies when they can call and what kind of information they must give to you.
If you do speak with them on the phone either keep meticulous records or better yet, record the conversation. In thirty-five of the fifty states and the District of Columbia is lawful to secretly tape your phone conversations. In the other 15 states you can tape so long as you have the permission of the other party. If you inform them that you are recording and they continue talking that is considered to be implied permission.
Under the FDCPA, as a consumer you have the right to “debt validation” from a collection agency. This is validation from the creditor that the account belongs to you and that the balances and terms of the loan are all accurate. You do not have this same right with an original creditor.
In addition to the FDCPA, which protects a consumer in the United States, each state also has its own statutes and laws that govern collection agencies and debt collections. Find out about the laws in your own state.
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