Being harassed by a collection agency is never fun. How you deal with that harassment is very important to your sanity and protection of your rights outlined by laws that govern collection agencies. There are many things that a collection agency will do to attempt to intimidate you over the phone. Most of these tactics are illegal and if you document them, a collection agency may end up owing you money.
Some of these illegal activities are:
1. To call you at work when they know it is against your company’s rules to receive calls of this nature at work.
2. Use obscene or profane language.
3. Imply that failure to pay a debt will result in imprisonment, arrest or garnishment of wages.
4. Threaten to take action such as filing a lawsuit when they did not intend to do so.
Here are a few tips on how to deal with these phone calls in such a way that you and the collection agency representative will both be satisfied:
1. Keep a calm and reasonable tone of voice.
2. Write down everything you can – date, time of phone call, their name, what they are asking, etc.
3. Try recording the call, if you can.
4. If they speak to you in a way that you find unpleasant, give them a warning. If they persist, the next step is to ask to speak to their supervisor.
5. Do not lose your temper!
The Fair Debt Collection Practices Act (FDCPA) has strict guidelines about what debt collectors can and cannot do. They could try to get you to pay a debt you do not owe or contact you to try to find information about a friend or relative who does owe a debt.
Some actions you can take against a debt collector who has violated the FDCPA are:
1. File a complaint with the Federal Trade Commission against the collector.
2. File a complaint with your state’s attorney general.
3. File a complaint with the Better Business Bureau.
4. File a civil suit in your state or federal court for up to $1,000 including damages.
Before filing a complaint or suit against a collection agency, make sure you have as much evidence supporting your claim as possible. The more evidence, the better. Evidence can include anything from dates and times of phone calls, name of collection agency, name of person who you spoke with, to specific details about the violation.
It is hard enough to be in a difficult financial situation, but having collection agencies breathing down your neck makes it worse. Make sure you know what your rights are so you can catch these violations when you see, or hear, them.
Every summer, Archana works at Kumon, a math and reading workshop, tutoring children between the ages of three and 18 in these subjects. She used to be enrolled in this program herself, so this allows her to connect with the students and give them the one-on-one help that they need. Archana is also currently a member of NC State’s Psychology Club, Rotaract Club, and EKTAA (NC State’s premiere South Asian Student Organization).
Archana was born in India, and moved to North Carolina with her immediate family when she was 7 years old. She speaks mostly Tamil, the native language of South India, and English in her home. In addition, having taken Spanish classes since 6th grade, she can speak and understand it pretty well too. Archana enjoys spending time with her family and friends, watching movies, listening to music, and going to the gym. She also loves to travel, and hopes to travel the world one day and learn about all the different cultures!
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