Should I contact my creditors?
If you're behind on your bills, don't wait to call the creditors you owe money to. Do it before a debt collector gets involved. Tell your creditors what's going on, and try to work out a new payment plan with lower payments you can manage.
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.
It's a good idea to explain to your creditors why you're struggling to make payments. However if you're not comfortable doing this over the phone, you can write to or email them instead. Just like any phone call, you don't have to speak to a creditor if you don't want to.
To mitigate future damage to your credit history, remember to act fast. It's important to contact your original creditor as soon as you're unable to make a debt payment.
While talking with a debt collector can be helpful, it's also important to know that you have protections against repetitious, excessive and threatening communications. Under the Fair Debt Collection Practices Act, debt collectors violate the law when they harass, oppress, or abuse you.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
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.
Although the average settlement amounts to 48% of what you originally owed, that number is a bit skewed. If your debts are still with the original creditor, settlement amounts tend to be much higher. You can end up paying up to 80% of what you owe if the debt is still with the original creditor.
Contact your creditors immediately; don't wait for them to contact you. Even if your payment history is less than perfect, you will still make better arrangements by being forthright. Explain your current situation. Tell them your family income is reduced and you are not able to keep up with your payments.
- Make a list of all your credit card debts.
- Make a budget.
- Create a strategy to pay down debt.
- Pay more than your minimum payment whenever possible.
- Set goals and timeline for repayment.
- Consolidate your debt.
- Implement a debt management plan.
What information should you not give to a debt collector?
Don't Give a Collector Your Personal Financial Information
bank account numbers (unless you're actually making a payment—even then you might want to pay by some other method so the collector doesn't get your banking information) your Social Security number, or. the amount or value of property that you own.
You cannot remove collections from your credit report without paying if the information is accurate, but a collection account will fall off your credit report after 7 years whether you pay the balance or not.
If the debt is not collected, then the debt collector does not make money. In many cases, although you would think that debt collectors would eventually give up, they are known to be relentless. Debt collectors will push you until they get paid, and use sneaky tactics as well.
You have the right to send what's referred to as a “drop dead letter. '' It's a cease-and-desist motion that will prevent the collector from contacting you again about the debt. Be aware that you still owe the money, and you can be sued for the debt.
- Don't Wait for Them to Call. Consider picking up the phone and calling the debt collector yourself. ...
- Check Them Out. ...
- Dump it Back in Their Lap. ...
- Stick to Business. ...
- Show Them the Money. ...
- Ask to Speak to a Supervisor. ...
- Call Their Bluff. ...
- Tell Them to Take a Hike.
State | Written | Oral |
---|---|---|
Alaska | 6 years | 6 |
Arizona | 5 years | 3 |
Arkansas | 6 years | 3 |
California | 4 years | 2 |
The “777 Rule” states that debt collectors may attempt to contact a consumer about a single debt up to seven times in seven days. Phone numbers do not matter; it's the number of debts that matters.
- The identity of the debt collector, including name, address, and phone number.
- The amount of the debt.
- What the debt is for and when the debt was incurred.
- The name of the original creditor.
- Information about whether you or someone else may owe the debt.
Once your debt has been sold you owe the buyer money, not the original creditor. The debt purchaser must follow the same rules as your original creditor. You keep all the same legal rights. They cannot add interest or charges unless they are in the terms of your original credit agreement.
Understanding Debt Trap Meaning
Debt traps are situations where a borrower is required to borrow more in order to pay off previous loans. Basically, a debt trap exists when the person's credit capacity is outweighed by an obligation to pay it back.
What is debt forgiveness called?
Debt relief or debt cancellation is the partial or total forgiveness of debt, or the slowing or stopping of debt growth, owed by individuals, corporations, or nations. From antiquity through the 19th century, it refers to domestic debts, in particular agricultural debts and freeing of debt slaves.
The 7-year rule means that each negative remark remains on your report for 7 years (possibly more depending on the remark). However, after that period has ended, a remark will most probably fall off of your report.
- Step 1: Stop taking on new debt. ...
- Step 2: Determine how much you owe. ...
- Step 3: Create a budget. ...
- Step 4: Pay off the smallest debts first. ...
- Step 5: Start tackling larger debts. ...
- Step 6: Look for ways to earn extra money. ...
- Step 7: Boost your credit scores.
Generally, paying the original creditor rather than a debt collector is better. The creditor has more discretion and flexibility in negotiating payment terms with you. And because that company might see you as a former and possibly future customer, it might be more willing to offer you a deal.
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.
References
- https://www.consumerfinance.gov/ask-cfpb/what-is-a-debt-relief-program-and-how-do-i-know-if-i-should-use-one-en-1457/
- https://www.bankrate.com/personal-finance/debt/reset-old-debt/
- https://www.credit.com/blog/9-ways-to-turn-the-tables-on-debt-collectors-65271/
- https://fi.money/blog/posts/what-is-credit-card-settlement-how-does-it-work
- https://www.usatoday.com/money/blueprint/debt/settling-debt-vs-paying-in-full/
- https://www.experian.com/blogs/ask-experian/debt-settlement-risks/
- https://www.californiabankruptcyrelief.com/bankruptcy-blog/2021/05/21/married-couples-and-bank-garnishment-can-your-spouses-bank-be-garnished-for-your-debt/
- https://www.lendingtree.com/credit-repair/how-debt-settlement-affects-your-credit/
- https://www.investopedia.com/articles/personal-finance/121614/5-things-debt-collectors-are-forbidden-do.asp
- https://www.incharge.org/debt-relief/credit-counseling/bad-credit/know-your-rights-with-debt-collectors/
- https://www.investopedia.com/best-debt-relief-companies-4846588
- https://www.usatoday.com/money/blueprint/debt/can-a-debt-collector-get-into-my-bank-account/
- https://www.consumerfinance.gov/ask-cfpb/should-i-share-personal-information-with-a-debt-collector-en-2098/
- https://www.incharge.org/debt-relief/debt-settlement/effect-on-credit-report/
- https://www.alllaw.com/articles/nolo/personal-injury/how-much-should-settle.html
- https://www.cochranfirm.com/new-orleans/a-good-settlement-offer/
- https://extension.umn.edu/adjusting-income-loss/talking-creditors
- https://www.neweconomynyc.org/frozen-bank-accounts/
- https://cozinhacabral.com/20-10-rule-to-calculate-debt-limits/
- https://www.ericwilsonlaw.com/blog/can-creditors-garnish-your-bank-account/
- https://www.experian.com/blogs/ask-experian/tax-implications-of-settling-debt/
- https://thecurrentla.com/2024/what-makes-a-fair-settlement/
- https://www.debt.org/settlement/how-long-after-debt-settlement-can-i-buy-a-house/
- https://www.investopedia.com/personal-finance/debt-settlement-cheapest-way-get-out-debt/
- https://www.stepchange.org/debt-info/debt-collection/phone-calls-about-debt.aspx
- https://www.helpwithmybank.gov/help-topics/debt-credit-scores/debt-management/garnishments/garnishment-notice.html
- https://www.incharge.org/debt-relief/debt-settlement/debt-settlement-pros-cons/
- https://www.forbes.com/advisor/debt-relief/can-debt-collector-get-into-bank-account/
- https://www.ovlg.com/blog/frequently-asked-questions-on-debt-collection-abuse.html
- https://www.incharge.org/debt-relief/consolidation-vs-settlement/
- https://wallethub.com/answers/cs/how-to-remove-collections-from-credit-report-without-paying-2140646704/
- https://aa.law/blog/how-do-i-know-if-i-have-a-good-settlement-offer/
- https://www.solosuit.com/posts/improve-credit-score-after-settlement
- https://www.incharge.org/debt-relief/credit-counseling/bad-credit/how-to-stop-collection-calls/
- https://www.investopedia.com/how-much-does-debt-settlement-cost-8576484
- https://www.consumerfinance.gov/ask-cfpb/what-should-i-do-if-im-sued-by-a-debt-collector-or-creditor-en-334/
- https://www.nolo.com/legal-encyclopedia/does-the-law-restrict-the-times-debt-collector-can-me.html
- https://oag.ca.gov/consumers/general/debt-collectors
- https://money.com/what-is-wage-garnishment/
- https://www.bankrate.com/personal-finance/debt/what-is-debt-settlement/
- https://www.swrecovery.com/resources/blog/the-7-in-7-debt-collection-rule-what-to-know-and-ways-creditors-can-work-around-it/
- https://www.seanclearypa.com/faqs/what-happens-after-a-case-is-settled/
- https://www.nolo.com/legal-encyclopedia/negotiating-with-collectors-unsecured-debts.html
- https://time.com/personal-finance/article/what-is-a-charge-off/
- https://www.self.inc/blog/how-to-open-bank-account-no-creditor-can-touch
- https://www.investopedia.com/ask/answers/110614/how-will-debt-settlement-affect-my-credit-score.asp
- https://www.quora.com/If-I-have-a-seven-figure-personal-injury-case-and-liability-is-not-in-dispute-should-I-represent-myself-or-hire-a-lawyer
- https://upsolve.org/learn/happens-dont-pay-collection-agency/
- https://www.magnifymoney.com/banking/can-debt-collector-get-bank-account/
- https://www.bankrate.com/finance/credit-cards/credit-card-debt-sold-to-collector/
- https://www.bankrate.com/personal-finance/debt/get-out-of-debt-on-low-income/
- https://www.jamsadr.com/files/uploads/documents/articles/brown-geraldine-gec-newsletter-five-strategies-for-effective-settlement-negotiations-2018.pdf
- https://www.kotaksecurities.com/share-market/what-is-debt-trap/
- https://www.investopedia.com/articles/pf/09/debt-settlement.asp
- https://www.goodrx.com/healthcare-access/medical-debt/can-a-debt-collector-sue-you
- https://www.cnbc.com/select/what-is-debt-settlement/
- https://www.usatoday.com/money/blueprint/credit-score/does-settling-a-debt-hurt-credit/
- https://www.wslaw.com/blog/2021/august/what-assets-are-protected-from-creditors-in-ca/
- https://www.sjconsumerlaw.com/lawsuit-defense/frozen-bank-accounts
- https://www.unitedway.org/my-smart-money/immediate-needs/i-have-too-much-debt/avoiding-account-garnishment
- https://www.experian.com/blogs/ask-experian/how-to-get-debt-collectors-to-stop-contacting-you/
- https://www.nolo.com/legal-encyclopedia/frozen-bank-accounts.html
- https://www.incharge.org/debt-relief/credit-counseling/bad-credit/negotiating-with-debt-collectors/
- https://whlawoffices.com/blog/things-debt-collection-agency-cant-do/
- https://www.nolo.com/legal-encyclopedia/what-are-my-rights-against-a-debt-collector.html
- https://www.credit.com/blog/what-is-609/
- https://www.debt.org/bankruptcy/buying-a-car-after/
- https://www.pacificdebt.com/the-minimum-amount-a-debt-collection-agency-will-sue-you-for
- https://barrilleauxlaw.com/what-if-my-insurance-company-offers-a-low-settlement/
- https://www.experian.com/blogs/ask-experian/can-paying-off-collections-raise-your-credit-score/
- https://www.ftc.gov/sites/default/files/documents/public_comments/debt-settlement-industry-public-workshop-536796-00014/536796-00014.pdf
- https://nationaldebtline.org/fact-sheet-library/refused-offers-ew/
- https://www.federalbank.co.in/credit-card-debt-settlement-process-how-it-works
- https://www.bajajfinserv.in/insights/what-is-credit-card-settlement
- https://www.solosuit.com/posts/pay-original-creditor-or-collection-agency
- https://www.loker.law/blog/how-many-times-can-a-debt-collector-call-me-in-one-day/
- https://www.bankrate.com/personal-finance/debt/fight-a-creditors-account-levy/
- https://www.tcn.com/regulation-f-guide/
- https://en.wikipedia.org/wiki/Debt_relief
- https://www.experian.com/blogs/ask-experian/will-settling-a-debt-affect-my-score/
- https://www.fool.com/the-ascent/credit-cards/how-negotiate-credit-card-debt/
- https://www.linkedin.com/pulse/overcoming-setbacks-can-you-get-loan-after-settlement-settle-loan
- https://attorneydebtfighters.com/can-collectors-withdraw-funds-from-my-bank-account-without-my-approval/
- https://www.ramseysolutions.com/debt/how-to-deal-with-debt-collectors
- https://www.cnbc.com/select/what-is-a-good-credit-utilization-ratio/
- https://www.nolo.com/legal-encyclopedia/a-collection-agency-debt-can-i-negotiate-the-original-creditor.html
- https://www.debt.org/credit/collection-agencies/how-to-negotiate/
- https://www.askadamskutner.com/personal-injury/average-personal-injury-settlement-amounts/
- https://www.consumerfinance.gov/about-us/blog/your-top-debt-collection-questions-answered/
- https://www.alperlaw.com/florida-asset-protection/protect-bank-account-creditors/
- https://www.stepchange.org/debt-info/debt-collection/can-debts-be-sold-on.aspx
- https://www.stepchange.org/debt-info/settlement-offers-to-creditors.aspx
- https://www.chase.com/personal/credit-cards/education/basics/what-happens-to-debt-after-7-years
- https://www.kixie.com/sales-blog/what-you-need-to-know-about-debt-collection-call-laws/
- https://www.incharge.org/debt-relief/debt-settlement/buying-a-house-after-settlement/
- https://www.alperlaw.com/florida-judgment-collection-laws/how-do-creditors-find-your-bank-account/
- https://www.creditninja.com/blog/can-you-have-a-700-credit-score-with-collections/
- https://www.nolo.com/legal-encyclopedia/handling-debt-collection-calls-dos-donts.html
- https://www.masonbullock.co.uk/negotiate-settlement-agreement/
- https://www.usatoday.com/money/blueprint/debt/how-to-negotiate-debt-settlement-diy/
- https://ritholzlaw.com/how-many-times-can-a-creditor-place-a-levy-on-my-bank-account/
- https://www.consumerfinance.gov/rules-policy/regulations/1006/
- https://www.consumerfinance.gov/ask-cfpb/what-should-i-do-when-a-debt-collector-contacts-me-en-1695/
- https://www.consumernotice.org/personal-injury/settlement-calculator/
- https://www.fullmanfirm.com/sued-by-a-debt-collector/
- https://money.com/how-to-negotiate-with-debt-collectors/
- https://www.cbsnews.com/news/who-qualifies-for-credit-card-debt-forgiveness/
- https://www.equifax.com/personal/education/debt-management/articles/-/learn/how-to-bypass-debt-collectors/
- https://www.consolidatedcredit.org/debt-solutions/debt-settlement/
- https://www.incharge.org/debt-relief/credit-counseling/success-stories/how-i-paid-off-30000-in-credit-card-debt/
- https://upsolve.org/learn/bank-account-garnished/
- https://www.experian.com/blogs/ask-experian/how-to-negotiate-with-debt-collectors/
- https://www.atlasbankruptcy.com/blog/what-types-of-income-or-funds-are-exempt-from-garnishment/
- https://www.solosuit.com/posts/do-debt-collectors-give-up
- https://www.moneymanagement.org/blog/understanding-the-statutes-of-limitations-on-debt
- https://www.pacificdebt.com/how-to-build-your-credit-after-debt-settlement
- https://www.incharge.org/debt-relief/debt-settlement/negotiating-with-creditors/
- https://www.solosuit.com/posts/settle-collection-or-pay
- https://www.farmermorris.com/faqs/11-word-phrase-to-stop-debt-collectors/
- https://www.rocketlawyer.com/family-and-personal/personal-finance/debt-and-bankruptcy/legal-guide/use-a-cease-and-desist-letter-to-stop-debt-collection-harassment
- https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-a-debt-collector-to-stop-contacting-me-en-1411/