Facing bill collectors? 10 things to do if your personal debt goes to collections (2024)

Josh Smith| Credit.com

Facing bill collectors? 10 things to do if your personal debt goes to collections (1)

Facing bill collectors? 10 things to do if your personal debt goes to collections (2)

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For one reason or another, life has given you lemons, and you’re in serious debt. Now, it’s time to make lemonade. The best thing to do with facing collections is to do a little proactive, focused legwork.

Collections can be scary, but don’t panic. Follow these 10 tips to prevent serious credit or financial damage as a result of debt collections.

Review the debt

Don’t accept collections at face value. These agencies are not infallible — they have made errors in the past. Review your debt amount, cross reference how much the collections agency is reporting, and look for discrepancies. You have 30 days to verify a debt after a collection agency has contacted you. Take this time to ensure all debt information is accurate.

Dispute items

While reviewing the debt be on the lookout for unusual, inaccurate or unfair items. This is not the time to be sheepish — when you dispute items the burden of proof is put on the collection agency. This means there really is nothing to lose. Worst case scenario, the dispute isn’t approved and you’re right back where you started.

Know your rights

While it’s true that loan delinquency got you in collections in the first place, that doesn’t mean you forfeit your consumer rights. Review the Fair Debt Collections Act, which protects you against harassment, threats, and regulates when collections is allowed to call you. Knowing your rights is a fundamental way of maintaining control when faced with collections.

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Consider payment options

Due to the extreme scrutiny of your situation, it may not feel like you have many options, but in reality, you do. Your knee-jerk reaction might be to throw as much money at debt as you can but fight that urge. Try not to sacrifice life’s necessities to pay down debt. If you’re like most people, you probably can’t pay the debt in full, so set up a budget, establish a repayment plan, and stick to it.

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Negotiate

Many think that collections are set in stone, but actually, you have more choices than you might think. While it’s not a guaranteed success, negotiation is an option. Whether you’re appealing to the creditor or collection agency, outlining hardship, mistakes or extenuating circ*mstance can help reduce debt amount or, at the very least, extend your payment deadline.

Understand statutes of limitation

Believe it or not, it is possible for debt to expire. The statutes of limitation for debt vary from state to state, and it’s your job to get to know them. This is important not only to better understand the shelf life of your debt but also to prevent inadvertently resetting the collections clock. There are many mistakes you can make which will prolong debt — sometimes it’s as simple as merely talking to a collections agent. Know the laws to avoid inadvertently extending your debt commitment.

Get to know the timeline

After the debt has gone through collections, it will remain on your credit report for seven years. This can be misleading — it’s seven years after delinquency, not from the date that you opened the account. This negative credit item can mark your score for a long time, but there are ways to soften the blow. For example, while collections do not disappear from a credit report after payment, a paid debt is viewed far more favorably than an unpaid one.

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Know the consequences

If worse comes to worse, and debt goes unpaid for too long, the collections agency may try to sue you. At this point, the best thing you can do is remain resolute, and try not to buckle under the scrutiny of legal action. If you’re called to court make sure to show up, or else an uncontended judgment will be made against you. If you fail to attempt any sort of repayment, your wages might be garnished or your bank account can be frozen.

Re-evaluate budget

If the debt has reached the collections stage, it’s safe to say that budgeting needs to become a priority. Your current lifestyle has to lead to serious debt and it’s clearly unsustainable. Maybe this was brought on by economic hardship or mere carelessness. But, either way, a change must be made. Start by making a budget, consolidating credit cards, cutting out unnecessary expenses and focus on paying down debt. This will be a long process, and nothing will change overnight, but you have to start somewhere.

Just breathe

When you receive threatening calls or letters it’s hard to keep your cool — just remember you’re not alone. The sky isn’t falling, but take this as a sign that it’s time to get your finances back on track. Maybe it’s time to evaluate your spending habits, do some budgeting, or seek outcredit repair.

This article originally appeared on Credit.com.Credit.com is a USA TODAY content partner offering personal finance news and commentary. Its content is produced independently of USA TODAY.

Josh is the Content Manager at Credit.com. He works with leaders and experts in the credit industry to create educational and timely articles that consumers can use to make more informed decisions. More by Josh Smith

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Facing bill collectors? 10 things to do if your personal debt goes to collections (2024)

FAQs

Facing bill collectors? 10 things to do if your personal debt goes to collections? ›

Use this 11-word phrase to stop debt collectors: “Please cease and desist all calls and contact with me immediately.” You can use this phrase over the phone, in an email or letter, or both.

What is the 11 word phrase to stop debt collectors? ›

Use this 11-word phrase to stop debt collectors: “Please cease and desist all calls and contact with me immediately.” You can use this phrase over the phone, in an email or letter, or both.

What are five things a collection agency can t do? ›

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

What's the worst a debt collector can do? ›

Debt collectors are limited on when they can call you — typically, between 8 a.m. and 9 p.m. They are not allowed to call you at work. They can't lie or harass you. Debt collectors can't make you pay more than you owe or threaten you with arrest, jail time, property liens or wage garnishment if you don't pay.

What not to say to a debt collector? ›

You never want to give the debt collector personal information about your finances and assets, such as your Social Security number, your bank account number unless making a payment, your income, or the value of your assets.

How do I get rid of debt collectors without paying? ›

You can sue the debt collector for violating the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney's fees and might also have to pay you damages. If you're having trouble with debt collection, you can submit a complaint with the CFPB.

What are the illegal tactics of debt collectors? ›

Harassment and Abuse

use obscene, profane, or abusive language. publish your name as a person who doesn't pay bills (child support collection agencies are exempt from this restriction in some states) list your debt for sale to the public.

What is a drop dead letter? ›

Send a 'drop dead' letter

You have the right to ask them to stop contacting you. To do so, you can send what's sometimes referred to as a “drop dead letter” — a written notice to the debt collector informing them you want no further contact.

How long before a debt is uncollectible? ›

4 years

What collection agencies don t want you to know? ›

Debt collectors don't want you to know that you can make them stop calling, they can't do most of what they tell you, payment deadlines are phony, threats are inflated, and they can't find out how much you have in the bank. Furthermore, if you're out of state, they may have no legal recourse to collect.

Why should you never pay a collection agency? ›

By paying the collection agency directly, the notification of the debt could stay on your credit report longer than if you attempt to use another option, like filing for bankruptcy. When institutions check your credit report and see this information on it, it may harm your ability to obtain loans.

How do you scare debt collectors? ›

9 Ways to Turn the Tables on Debt Collectors
  1. Don't Wait for Them to Call. Consider picking up the phone and calling the debt collector yourself. ...
  2. Check Them Out. ...
  3. Dump it Back in Their Lap. ...
  4. Stick to Business. ...
  5. Show Them the Money. ...
  6. Ask to Speak to a Supervisor. ...
  7. Call Their Bluff. ...
  8. Tell Them to Take a Hike.
Mar 26, 2013

What is the lowest amount debt collectors will accept? ›

Some creditors will accept pennies on the dollar, others will not settle for less than 80% in a lump sum payment," says Jessika Arce Graham, partner at Weiss Serota Helfman Cole + Bierman. However, your odds of a lower settlement are better when the debt collector is a debt buyer, says Christopher E.

How do you outsmart a debt collector? ›

You can outsmart debt collectors by following these tips:
  1. Keep a record of all communication with debt collectors.
  2. Send a Debt Validation Letter and force them to verify your debt.
  3. Write a cease and desist letter.
  4. Explain the debt is not legitimate.
  5. Review your credit reports.
  6. Explain that you cannot afford to pay.
Mar 11, 2024

How do you win against a debt collector? ›

Here are a few suggestions that might work in your favor:
  1. Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ...
  2. Dispute the debt on your credit report. ...
  3. Lodge a complaint. ...
  4. Respond to a lawsuit. ...
  5. Hire an attorney.

What happens if debt collectors can't find you? ›

If a debt collector can't reach you or doesn't have your contact information, they are permitted to contact your friends and family members. However, when contacting people who aren't you, debt collectors are limited in what they're able to say. Debt collectors can contact you through phone, email, or text messages.

What to say to get creditors to stop calling? ›

Send a Cease-and-Desist Letter

If you want a debt collector to stop contacting you, the FDCPA gives you the right to make that happen. Putting your request in writing, via a cease-and-desist letter, is an easy and effective option to stop the communication.

What is debt trap in one word? ›

A debt trap means the inability to repay credit amount. It is a situation where the debtor could not be able to repay the credit amount.

What is the word of one who Cannot pay his debt? ›

Therefore the correct answer is option 'D'. Insolvent is a person who has no money to pay off his debts.

What can a debt collector say in a voicemail? ›

Here's what the message is: This is [Collector's name] calling for [Debtor's name]. Please contact me at [phone number]. Ideally, these are the safest scripts that you can use when leaving debt collection voicemails.

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