How to Stop Harassing Phone Calls from Debt Collectors

Pay your bills on time and everything will be fine. That's what I used to think. In the days of identity theft and online fraud, however, reality isn't quite so simple.

My introduction to the debt collection industry came late in 2007, care of a business credit card opened fraudulently, in my name, 5 years earlier, at a time when I didn't even live in the United States.

The original credit card company sold the debt to a seedy collection agency known for scaring consumers into paying debts they don't owe. They do so by pushing the boundaries of the law.

That the debt wasn't mine seemed cut and dry, to everyone except the debt collector.

The collector threatened legal action if I didn't pay up. But rather than pay for a debt I didn't incur, I chose to educate myself. During this time the calls became more frequent and the message more forceful. Pay up, or see you in court, and we'll ruin your credit.

I am not a lawyer, and none of what follows is offered as legal advice. Please check all facts for your circumstances, as every situation is different. But the actions outlined below solved my problem.

My search for information online brought me to a consumer advocates website that provided invaluable help, including listing the collection agency harassing me as one of the worst in America. While this knowledge calmed me, it did nothing to stop the incessant and rude debt collection calls.

If you find yourself receiving harassing phone calls from a debt collection agency, check out www.buddhibbs.com and investigate the reputation of the agency concerned.

The Fair Debt Collection Practices Act contains provisions to protect the consumer from harassment by debt collectors. To put an end to debt collection calls on fraudulent debt, and wipe the debt from your credit report is a time-consuming process, but it is possible.

File a Police Report

For debts related to identity theft or fraud, file a police report. Even in my case, where the crime was many years old, I reported it to local police, not because I thought it would be investigated, but because it became part of permanent legal record that I was disputing the debt.

Check your Credit Report

Obtain a copy of your credit report from each of the three credit bureaus (Experian, TransUnion and Equifax). You can pull a credit report from each of these agencies free, once a year. If the debt appears on your report, dispute it. The dispute process can take several months, but it is the first step to clearing your credit report of the debt.

Please note you should not have to sign up for credit monitoring to obtain your free credit reports.

Continue to monitor your credit file, by obtaining a free credit report annually. You can review your credit file every four months by obtaining a report from one agency then four months later getting one from another, then four months later obtaining the last report for the year from the third.

Lock your Credit File

Put a fraud lock on your credit file. This will require that debt issuers contact you before issuing new credit in your name.

Request Proof of the Debt from the Collection Agency

Send a letter to the debt collection agency requesting written proof of the debt. A verbal request is not sufficient. Consider sending it Certified with a Return Receipt service. A Return Receipt is a green postcard returned to you via mail or email with the signature of the receiver. You now have evidence that the letter was both sent and received.

Under the Fair Debt Collection Practices Act, the debt collection agency is obliged to provide you with proof that you legally owe them the debt. The documentations should come from the original creditor, not just a printout from the debt collection agency detailing what they think you owe.

In the case of junk debt, bought for pennies on the dollar, these companies can often not provide the documentary evidence required, and the process will end. It did for me, but not before I'd also sent a cease and desist letter.

The important thing to note here is that until the debt collection agency provides you with the requested debt validation, the Fair Debt Collection Practices Act requires that debt collection calls cease. If the calls do not stop, follow up your initial letter with a cease and desist letter, reminding them of their legal obligation.

Building your Case

When dealing with a dishonorable debt collection agency, the primary motive of the debt collector is to get money in the door. Debt collectors are generally paid on commission, and can be as dishonest as the company that employs them. If my experience is anything to go by, the debt collectors will stoop to harassment and lies to achieve their goal.

Your goal should be to provide no further information to the debt collection agency, and commence the steps above. All correspondence should be in writing. Furthermore, keep a journal of dates and times you receive debt collection phone calls, especially those calls received after you have requested written proof of the debt. Each of these actions builds your case, should the debt collection agency follow through on their threats of legal action, or if you chose to pursue legal action.

Should you find yourself the victim of one of these disreputable collection agencies, I encourage you to get educated, seek the assistance of an advocacy group, and fight. This type of debt collector can only succeed if they have a scared consumer to prey on. A consumer educated in fair debt collection practices, alters the balance of power, drying up the market for such sleazy debt collection companies.

Sources:
Personal Experience
www.budhibbs.com