Having debts is good when your purpose is to do business. In fact, most business experts recommend that for you to be able to operate a business, you can find a lending institution to lending monetary help. But then, there are times when after being indebted, the circumstances are not favorable. The point is you can hardly pay your debts based on a schedule. As this might happen, you should understand some ways and strategies on how you can deal with debt collection agencies properly. This must be done in order to avoid debt collection harassment.
Somehow, debt collectors are aggressive by nature. They will do everything to collect debts (principal plus interest). They are doing this because their earnings are based on every penny they can collect. The usual practice is that they have to be aggressive just for the purpose of incurring the element of fear. Why so? Just because it is their obligation to collect the past due debts. However, there is a limitation provided by the Fair Debt Collection Practices Act (FDCPA), a regulation that mandates the loaners and loanees to observe a smooth process to avoid violation of human rights. Yes, you have to pay the debts but you should not be harassed.
There are points to consider when harassment over the phone happens. When the caller calls up beyond the prescribed time, it’s a form of collection agency harassment. When the collector uses a coercive and threatening tone during the phone call, it’s a form of collection harassment. Everything which infringes the rights of the loanees vested in FDCPA is a form of violative action. When it happens, the collecting agency can be subjected to legal sanctions.
Steps to deal with a debt collection agency
Provided below are some concise steps you can do to deal with a debt collection agency successfully.
Let them verify the debt they’re collecting.
This is the first thing you can do to deal with a debt collection agency properly. Take note you should verify the debt that the agency is trying to collect from you. Why is verification important? Of course, this process allows you to understand the amount to be collected. How much money are they trying to collect? Every penny must be justifiable. That is why you need to ask the debt collector to verify the collected money.
Furthermore, you have to ask the debt collector to identify himself over the phone. Don’t be afraid to ask questions. The debt collector should be able to identify himself successfully. Otherwise, you have the right to hang up the phone and not answer the caller. If there is a failure with respect to identification, then it can be surmised that the transaction is bogus or untrue. The system of verification is allowed by law so as to avoid debt collection harassment.
Know the limits when the agency is allowed to contact you.
Take note of this. The time allowed for debt collectors to contact you is from 8:00 in the morning and until 9:00 in the evening. Before or beyond this time allotment is considered as debt collection harassment. So, you have to be aware of this. Otherwise, you can fall as one of the victims of debt collection agency harassment.
If you’re going to consult a lawyer who is an expert in this, you will know that the debt collectors are not allowed to call you up before 8:00 am and after 9:00 pm. It’s very clear. When you receive a call, let say at 10:00 pm, record it and for sure, you have a solid ground to file a lawsuit.
Restraining debt collectors from calling you before and after the time allotted is important to protect your life privacy. Of course, before 8:00 am, usually, you’re busy preparing for work and attending to some familial needs. Same thing with the time beyond 9:00 pm. Usually, you’re spending this time with your family. So, this has to be respected. If ever the collection agency is trying to force you during the prohibited time, then you can call a lawyer to assist you in this situation.
Be informed about the statute of limitations.
What is the statute of limitations? It is a law that prescribes the judicial body to entertain legal proceedings within a logical period of time. When filing a case, there is a period of time to be allotted. When it goes beyond this time, the court should not entertain the legal proceedings because it already goes beyond the statute of limitations. In other words, it is technically called a prescriptive period wherein one is allowed to file a lawsuit within a certain period of time.
In the US, there are different statutes of limitations in the 50 states. You can go to this link to see the full list. Take note that as a loanee, it is your right to know the statute of limitations, because some collection agencies are violating this law. You should be protected by this basic law pertinent to collecting debts. Yes, you should really pay the debt you’re incurring. But there is no point in violating your right by those unscrupulous debt collectors.
Find a legal mind to handle the adverse situation.
If you want to be sure with everything that you’re gonna do, it is better for you to find a debt collection harassment attorney. According to Paul Mankin, one of the debt collection legal experts, “Everyone is entitled to have a lawyer. It’s a vested right which should not be detached from any person. Thus, when someone suffers from any form of debt collection harassment, he must find a legal mind to assist him. So long as the evidentiary materials are substantial enough, winning a case does have a high probability.”
Entrusting your legal battle, if the case may be, to a trusted and credible lawyer, like Mankin, can be the best way you can ever do. Winning a legal suit can be hard but with the right lawyer on your side, achieving it is not impossible. In other words, it is possible to win a case with a lending institution and collection agency through the help of a credible lawyer. This is why you should entrust your fate to a credible debt collection lawyer today.