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Your Legal Rights When the Debt Collectors Call

Note: While it should be noted that this article is not to be considered a substitute for legal advice, it will provide you with some tips when dealing with debt collectors.

If you have fallen behind on your credit card debt and other payments you most likely have debt collectors contacting you throughout the day. It's important to know that even though you may owe a creditor and you may be behind on your payments, you still have rights regarding how they pursue you. For example, the debt collectors are under no circumstance allowed to harass or threaten you. They are only allowed to call you between 8:00 AM and 9:00 PM. If you can't take calls at work, tell them and they will never be allowed to call there again. If they speak to someone else, they can only request information on how they may contact you. They cannot reveal anything about your debt.

You do not have to reveal any information about your income, equity in your home, assets, or other credit accounts. In fact, it is advisable not to even acknowledge the debt with the collector. That is important to remember when dealing with debt collectors because they may ask you several questions to find out your ability to pay. You also have the right to tell them to stop contacting you, however since that puts up a brick wall for them regarding the money owed they may try to sue. If you are working with an attorney you should tell your debt collectors, they must contact the attorney and not you.

If you are having troubles managing your debt, first look at your budget. Prioritize and figure out which bills are most important to you. Typically a house payment or rent, electricity, and food should come before trying to pay off your credit card debt. If you are having serious financial problems and do not want to think about bankruptcy, consider debt settlement (if you have over $10,000 in credit card debt). If your problems are not severe and you feel that with a little help you could make a payment equivalent to your minimum payment, consider credit counseling.

February 1st, 2009

  1. Types of unsecured debt include: credit cards, personal loans, gas cards, department store cards, apartment lease judgements, medical bills, etc. Secured debt such as your home or car cannot be included in the program. However, if your car is repossessed or you foreclose on your home, our partners may be able to resolve what you still owe on those loans.
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