How to Deal With Collection Agents from Hell

My friend sent me a text the other day that a collection agent almost scared her into emptying out her savings account to pay a bill. She is young(er) and the mother of an 8 month old baby and she only has this one particular bill in collections. I’m embarrassed to admit that I can barely remember the days that collection agents frightened me. For young people and people not used to dealing with collections, it can feel like the agent could quite possibly show up at your house ready to hit you over your head with a hammer and take all of your money.

Not true, of course. I don’t think they’re allowed to use hammers. Anyway, although my friend fully intends on paying her bill with the collection agency (sooner than she thought simply out of fear), I thought I’d take a look at what exactly our rights are when dealing with collection agents.

1. Debt Collectors Cannot Curse You Out

According to the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from harassment and cannot use obscene or threatening language. You will hear horror stories about agents doing exactly the opposite, but they’re not supposed to. Unfortunately, they are permitted to talk down to you and make you feel like a loser.

2. You Are Allowed to Negotiate

Collection agents will tell you that you have to pay a certain amount and that they won’t accept anything less or any other payment terms. You always have the right to negotiate. After all, what are they going to do, send you to collections? Isn’t it weird that the amount they request is almost always enough to starve you to death? Negotiate, set up a payment arrangement, ask for a lesser amount to pay the debt in full. You always have options.

3. Debt Collectors Cannot Put You in Jail

I’ve heard this before, especially when I was much younger and collectors were basically allowed to say anything they wanted. Debt collectors are telephone agents, not police officers. They cannot come to your house and take you to jail. They can’t arrest you for not paying your bills.

4. Debt Collectors Cannot Call Whenever They Feel Like It

If you’ve ever been contacted by a debt collector, you know that it seems like they can call 24/7. They can’t, it just seems like that when you’re avoiding phone calls. According to the FTC, debt collectors cannot call at inconvenient times or places, like before 8 a.m. or after 9 p.m. They are also not supposed to call you at work if you have notified them that you aren’t allowed to receive collection calls at work.

5. Collection Agencies Are Not Allowed to Contact Everyone You Know

They can’t call your family members to tell them about your debt, but they are allowed to contact them to find out if your address or phone number. They are not allowed to discuss your debt with anyone other than you, your spouse or your attorney.

If you’re having repeat problems with a collection agency, you may have to start documenting the events. Sometimes you may even need to get an attorney. Alleged violations can also be reported to your state Attorney General’s office, www.naag.org or www.ftc.gov. The Federal Trade Commission website also has more information regarding your rights when dealing with collection agents.

Of course we made the debt, we owe the money. I’m in no way saying that we shouldn’t pay our debts. I am saying that it is not okay to be bullied or frightened into paying our bills. Remember, they won’t kill you and eat you. Keep that in mind and you may come away from the conversation with a workable deal.