Don't Be Victimized By Debt Collectors

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A few months back, a friend of mine was contacted on the phone by a debt collector, claiming she owed a debt. She could not remember any debt not having been paid, and demanded they provide proof of this debt, to send her information that included the amount, and her signature on the contract. They said they would and that was the end of that conversation.

 After a month had gone by, having yet to receive the promised information, she got another harassing phone call. Once more,she requested proof of this debt, and again they promised to provide it; (some thing that they must do by law). And, of course,  it was never sent.

Another month goes by and still no info. Then, one day she hears someone banging loudly on her door. Thinking it was an ex-boyfriend, she did not answer it. When the the man left, he put a card on the door with instruction to call the number provided. It turned out to be a process server.

The vulture returned several times after that, pounding on the door, and one time terrifying my friend's  13-year-old daughter, who was alone at the time, and is not allowed to open the door to strangers. For at least 15 minutes, this angry man stood on the porch, his fist pounding on the door, screaming that, he knew she was at home and she had better answer the door. The young girl, terrified, crawled under her bed and lay hiding there, scared to death that this crazed man was going to break in and harm her.

This is something THEY can be sued for.

Not once did this company ever send any confirmation of this debt, even after repeated requests. Then one day my friend arrives home to find a court summons on the doorstep, another illegal action. She was being sued in court. 

During the court mediation, my friend told the mediator that they (the debt collectors) had never provided her with any proof of this debt, no contract with her signature, nothing, even after repeatedly requesting it for the past three months, as required by law.

The mediator turned her glare on them, asking if they could present it now. Embarrassed, their heads held low, they said no. The mediator was not pleased, and still, as if to excuse their actions, these vultures  blustered on about how they must purchase these debts by the bundle (often with only a person's name on a list and no other available information) and it takes time to process them all.

 However, my friend pointed out, you do not take someone to court before this has all been done, before you have proof of the debt. Plus, they had already had enough time over the previous three months to get this done. The mediator agreed.

They were hoping that my friend, and all the other people waiting their turn, would meekly cough up the dough without making sure the debt was real. The vultures had to request that the judge grant them more time, hoping that, in the meantime, the victim will offer up the money rather than return to court. More often than not, the case is dropped for a lack of proof.

Most of the time, they do not have any proof of the debt and are just relying on the fact that their harassing tactics have been successful. Most people will do anything to keep from having to go to court, as a court room can be a very intimidating place. Many people buckle under the pressure, and agree to pay any amount put forward, which is often the wrong amount, usually much higher than the original debt, or, not even their debt at all, if they are the victim of identity theft. They 'buy' these lists with people's names on them and sometimes it includes what the debt is for, but  more often than not, it doesn't.

You are called from a calling center, probably from India, who knows nothing about the debt and can provide no proof of anything. If they don't get the right response from the victim, your name goes to the process server, who also knows nothing about your debt.  Rarely will they be able to provide any information that will stand up in court. That's why it's important to demand proof of the debt. You don't give them any info, nadda, nil, zip. If they are legit, they will have that information already.

It is important that you know your rights when it comes to debt collectors. There are laws to protect you from harassing debt collectors,  and many things you can do that may save you a lot of time and money, and, perhaps even spare you a visit to the Courthouse.

Below is a link to a site that offers a lot of good advice and forms you can download and fill out to aid you in handling this problem. There are many do's and don'ts that you should be aware of.

 I highly recommend that anyone in this situation take a look at this information and learn all you can about debt collection and the people who come after your money.  

Don't be victimized by debt collectors.