How do I refuse to pay a debt collector?
If you do not believe you owe the debt, you may write to the collection agency within 30 days after you are first contacted, saying you don't owe the money.
The debt collector could then garnish your wages and bank accounts, meaning it could take money from your paycheck or accounts. Make sure you respond by the date stated in the court papers so you can defend yourself in court. If you are sued, you may want to consult an attorney.
What to do if you can't pay your debt collector. If your debt is sold to a debt collector, but you are ultimately unable to pay, your best course of action is to contact a nonprofit credit counseling agency or seek legal aid, as the collections process can be lengthy, complex and expensive.
Explain your current situation. Tell them your family income is reduced and you are not able to keep up with your payments. Frankly discuss your future income prospects so you and your creditors can figure out solutions to the problem.
Not responding to a properly served lawsuit – even if you're unsure whether you owe the debt – can result in the court issuing a judgment against you, which could limit your ability to dispute the debt, even if it's already been paid or you don't owe it.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.
Admitting liability. Even if you know that you owe the debt, you want to avoid making statements, such as “I know that I owe this bill.” You could still have defenses, especially if the creditor you owed the debt to sold your account to a third party. You do not want your words to be used against you later.
- Keep a record of all communication with debt collectors.
- Send a Debt Validation Letter and force them to verify your debt.
- Write a cease and desist letter.
- Explain the debt is not legitimate.
- Review your credit reports.
- Explain that you cannot afford to pay.
What should I do if I Cannot pay my debt?
It is important to talk about your financial difficulties - the earlier, the better - or you may find yourself in a spiral of debt. If you think you cannot pay your debts or are feeling overwhelmed, seek support. Help is available. A trained debt adviser can talk you through the options available.
Your creditors do not have to accept your offer of payment or freeze interest. If they continue to refuse what you are asking for, carry on making the payments you have offered anyway. Keep trying to persuade your creditors by writing to them again.
Eventually, unpaid debts are charged off – meaning the creditor writes them off as a loss. That doesn't mean the debt disappears, however, or that you no longer owe the money. The creditor may transfer the debt to an in-house collection department or they may sell the debt to a third party debt collection agency.
In a Nutshell
If you don't pay, the collection agency can sue you to try to collect the debt. If successful, the court may grant them the authority to garnish your wages or bank account or place a lien on your property. You can defend yourself in a debt collection lawsuit or file bankruptcy to stop collection actions.
You can sue the debt collector for violating the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney's fees and might also have to pay you damages. If you're having trouble with debt collection, you can submit a complaint with the CFPB.
Collection agencies usually won't sue you for a debt of less than $500. While every collection agency has a different policy regarding debt lawsuits, you should feel reasonably safe from a legal claim if you owe less than $500 on a debt. However, if you receive a court summons from a collection agency, don't ignore it.
Debt collectors lose the right in many states to sue consumers after three or more years. But there's a loophole: If the consumer makes a payment, even against his or her own will, that can be used to try to revive the life of the debt.
Contrary to what some might think, section 609 does not require credit bureaus to provide proof of your accounts. The FCRA gives you the right to dispute information you believe to be unfair, inaccurate or unsubstantiated.
Under the federal FDCPA, if you request that a debt collector stop contacting you completely, it must do so, subject to a few exceptions. Your request must be in writing. You can send a letter by mail, return receipt requested (keep a copy), stating that you want the collection agency to stop all contact with you.
The debt will likely continue to accrue interest and fees, increasing the total amount owed over time. Persistent attempts to collect the debt may result in increased pressure from the collector, including frequent phone calls, letters, or even legal actions such as a debt collection lawsuit.
Why should you never pay a charge off?
Your credit could be damaged for seven years.
Missed payments, charge-offs and collections remain on your credit report for seven years. Their mention on your credit reports and their effect on your credit scores could impact your ability to get new credit in the future, though their effect diminishes over time.
Debt collectors don't want you to know that you can make them stop calling, they can't do most of what they tell you, payment deadlines are phony, threats are inflated, and they can't find out how much you have in the bank. Furthermore, if you're out of state, they may have no legal recourse to collect.
Don't provide personal or sensitive financial information
Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.
- Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ...
- Dispute the debt on your credit report. ...
- Lodge a complaint. ...
- Respond to a lawsuit. ...
- Hire an attorney.
