A lot of the suggestions on here are pretty good, but know your rights by using the resources suggested - especially the FTC and your state's Attorney General's office.
Consider the following:
* To get the calls to stop, send the creditor or collector a letter - there are some included in the various posted comments - demanding that they cease and desist from attempting to contact you via telephone (at work or home) or via your mobile phone, or by email.
* ALWAYS send letters to a creditor or collection agency via certified mail, return receipt requested.
* NEVER admit you owe ANYTHING. If you make a settlement, don't admit you owe anything. Simply state that nothing stated in the agreement should be deemed an admission and that the parties agree to the terms stated in the agreement due to the uncertainty of litigation.
* ALWAYS keep ALL records of ALL communications. Write notes when you talk on the phone and put the time and date of the conversation at the top.
* ALWAYS tell the collector - just like they tell you - that you may be recording the conversation and that if they continue to talk it will be regarded as an agreement that the conversation may be recorded by you - even if you are not doing it. It can help to keep them from violating the law.
* Make sure if you are recording a conversation, that the recording includes your statement to them that you are or may be recording it. If they don't want to talk to you if the conversation is being recorded, just hang up on them. There is no reason if they are obeying the law that they should care whether the call is recorded.
* Don't hesitate to just hang up on them at any time for any reason or no reason at all. There's no law that says you have to talk to a creditor. There's no law that says you can't hang up on a creditor.
* If a creditor comes to your door to collect, tell them to immediately leave. If you know it's a creditor, bring you video camara when you answer the door. If they don't leave, call the police. Don't make any threats. Simply tell them they may not enter your property and that they are trespassing. Have your phone in hand and dial 911 with them standing at the door. Tell the operator there is an intruder on your property and to please send a police officer immediately. For a persistent collector that invades your privacy by returning after being informed they can not be on your property (which includes things such as a rental house or apartment, not just a home you "own"), go to your local police station and swear out a restraining order against the collector.
* There's no "debtor's prison" in America! You can not go to jail for simply not paying a bill. People don't to jail in America for not paying a debt to a regular business creditor (though you can for crimes, such as fraud, or for not paying some types of government fines, such as traffic tickets).
* ALWAYS demand a settlement offer in writing. Pay NOTHING until you receive it in writing and signed by a representative of the creditor. Make sure the document actually reflects what YOU understand the agreement to be and, if it doesn't, reject it.
* Make sure any agreement includes a statement that successful compliance with the agreement results in full and final satisfaction of the debt.
* If a creditor will not give you a settlement agreement in writing, don't trust them and don't pay them anything. They may promise you on the phone that a partial payment will satisfy the entire debt, but after your check clears, they just may call you again for the "outstanding balance". If you have no proof of a settlement, there isn't much you can do about it - in or out of court.
* If you ever get sued and don't have a lawyer, make sure you do "discovery". Send them, in writing, through their lawyer, a request for at least the following items: (1) any and all documents evidencing any debt owed by you to them, including, but not limited to, the original contract containing your signature and any other documents signed by you; (2) any and all documents regarding the subject matter of the suit; (3) any and all documents they intend to introduce as exhibits at trial; (4) the names of any and all witnesses they intend to call at trial, including, but not limited to, any expert witness; (5) a full accounting of the amount allegedly owed, including all debits, credits, and fees, including date incurred. There are many other things you may request. Don't hesitate to request anything you can think of. If they have a reason to not send it to you, they should tell you. If they don't send it to you, ask the court for an order directing them to comply with your discovery request.
The statements contained herein are intended as general information only. Nothing contained herein should be construed as legal advice or as the establishment of an attorney-client relationship.
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