How To Deal With A Collection Agency Part Two

If a bill collector is requesting that you pay a debt that you think you do not owe, or more than you owe, you have the ability to dispute the debt in writing. The legal terms for doing this are “debt validation” or “debt verification.” Within the first five days of contacting you, the Fair Debt Collection Practices Act requires that bill collectors notify you of your right to validate the debt. You need to ask for verification within thirty days of when you are first told about the debt. Always send your request by certified mail.

There have been recent warnings that have been issued reporting a spike in numbers of complaints about fake and threatening collection calls. If it does not feel right in your gut, be careful. Remain skeptical of any debt collector that asks you for personal information, or threatens you. Again, be aware of your rights that I just described before. Do not provide any personal information that you would not ordinarily provide. If a collection agent threatens you, hang up the phone and report the call immediately to your state attorney general’s office.

As with any business or financial matter, keep good records; copies of all correspondence related to collections. Corresponding by mail is wise, because it allows you to keep things in order, and you won’t lose your cool over the phone. Don’t ever pay off a debt until you receive written notice of the amount that is due, and as always, keep records of everything you pay.

Collection agents might be pushy over the phone, but you are absolutely under no legal obligation to respond immediately. If a debt collector catches you when you are off of your guard, ask that they call you back in an hour so you can plan out the structure of your conversation. If they call you at your job or at a relative’s house, let them know that you are asking them formally that they don’t call you at that location.You also have the ability to formally request that they cease and desist from contacting you at all, but this is risky, considering that this does, under no circumstance eliminate any debt that you may owe. If they want to, the collector can still escalate collections by sending the debt to a law firm, which will be an unexpected and unpleasant surprise.

Finally, don’t be scared to get assistance. If you are getting calls from a debt collector, be sure that you take a proactive stance and understand your options which may include debt consolidation, debt settlement, or credit counseling. The most important thing to remember is that you are a human being that deserves respect and to be treated with dignity, no matter how much money you may owe to a credit card company. If you stay informed and command this type of behavior, you will find that you will be well protected and more content.

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How Do I Collect My Money?

The small claims court cannot collect your money for you, but the clerk or small claims adviser can tell you about some ways to do this yourself. Some just hire a debt collection agency.

For example, you may be able to have the defendant’s wages “garnished.” This means that the person’s employer gives you part of the defendant’s wages each pay day until the debt is paid. To collect your money this way, you must find out where the person works-, be sure to get the name of the company and its full address, including the county. Then, ask the small claims court clerk for a Writ of Execution and fill it out. When the court issues this writ, the sheriff or marshal will deliver it to the debtor’s employer.

If you know where the defendant banks, the small claims clerk can issue a Writ of Execution that the sheriff or marshal takes to the bank. You need to know the name of the bank, the full branch address and the county. The bank will pay you what is owed, if there is enough money in the account.

A Writ of Execution also can be used to “attach” or take certain kinds of personal property, such as stocks, bonds and the contents of a safe deposit box. After this property is collected, it can be sold in order to pay the money that you are owed.

Not all personal property can be taken. The defendant can file a Claim of Exemption to protect the ” necessities of life,” possibly including a house, car, clothes and some wages.

The cost of a Writ of Execution – as well as the amount that the sheriff or marshal charges to deliver the writ – can be added to the amount that the defendant owes you. You also are entitled to interest during the time it takes to collect.

If you do not have the information you need to collect your money, you can make the defendant come to court and answer your questions about wages, the employer’s location, bank account, personal property and real estate. Contact the small claims adviser for information about how to schedule this hearing.

Remember: The judgment is good for 10 years, and you can renew it if you still have not collected the amount you are owed. But, in many cases, the longer you wait, the harder it is to collect the money.

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