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In this section we will look at how to handle a debt collector, here are some common things that can happened on a collection call.
Frequently asked questions about debt collection: Question: Can a debt collector call me after 9:00 P.M.? Answer: A debt collector cannot call you after 9:00 P.M., a debt collector can contact you between the hours of 8:00 A.M.- 9:00 P.M. Question: If a debt collector threatens me with body harm how should I handle that? Answer: Please contact your local attorney general’s office and contact your local police department. When you contact the attorney general’s office they will send you a form to file a complaint. Fill out the form completely, list the time and date of the call, the debt collectors name and the company the debt collector is working for, and exactly what the debt collector stated. Question: I tried to make a payment arrangement and the collector said it was not enough, and refused the payment arrangement? Answer: The debt collector can refuse the payment arrangement if the payment plan is unreasonable, but if you send the payment they must post it to the account. Sometimes payment plans are refused, if they are perceived as unreasonable. Example if you owe $2000.00 a payment of $10.00 a month would be unreasonable. A reasonable payment plan would be about $200.00 a month. Question: I know I owe the bill but the amount is wrong, how do I get this straightened out? Answer: Make a copy of all of your cancel checks, send them certified mail and ask the debt collector to review the payment history. Make sure you are including any interest that is also due on the account. Question: An attorney represents me but the debt collector is still calling? Answer: If your attorney has not responded to the debt collector’s call within a reasonable amount of time (30 days) the debt collector can contact you. Call your attorney to see why he or she has not responded to the debt collector, also have the attorney to send the debt collector a letter of representation. Question: I co-signed a loan for a friend and they have not made the payments, now the debt collector is calling me. Why? Answer: When you co-sign for someone you are saying if they don’t pay the bill, I will pay the bill. Never co-sign a loan for a friend or family member, only co-sign if you can afford to pay the payments. Please look over some of the laws for debt collection in Stop Harassment. |
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