How to respond to a collection agency?
I have a CA calling me about a charged off CC debt. I sent a certified validation letter to a collection agency. I have not heard back from them. What is my next step. Do I wait on validation. If they do validate, Do I make a payment offer in writing? If it gets to this, what do you do if they refuse payment?
The man from the agency left a message on my machine and said “your either have two choices 1. you can call me back today or 2. I will turn this back over to the creditor and you can suffer the consequences. He also said that I could not file bankruptcy or work with a counseling agency because it was too late for that. With a second message he treatened to sent it to a law firm (in Georgia) and have me served with papers. My 30 days is still not up to request validation. I know they recieved the letter (I got the green slip back a couple days ago)
If anyone has ever been in this situation, please advise.
June 29th, 2009 at 2:05 am
He’s wrong , you can work with a agency anytime, He can’t stop you. This is a form another form of abuse by collection person. Do-not file bankruptcy bad for your credit.
July 1st, 2009 at 12:53 pm
Collection agencies are a real pain in the ***, aren’t they? first i would like to begin by helping you out cause i know it can be a little stressful. i have worked for a CA before and there motive of getting people to pay their debt so that they get commission off of it is to pressure you and scare you. do not believe that they work for a law firm because they are not suppose to pretend that they are a law firm, and these rights are listed under your Fair Credit Reporting Act. you can file a complaint against this company to the FTC and seek other help you can search FCRA for more information on violations on the web. now lets get to does the debt belong to you and do you want to pay it? if so then you can make a settlement with this company. you can either break it up in payments like 3 or so or you can pay in full by one check, one payment, etc. before you do this you must tell them that you would like to pay off your debt but you want an offer on what would be the lowest they can acept. if you tell them your making a payment right then and there then they will because that payment will bring them commission. if they do work with you then you ask them to fax you a letter indicating that a settlement was made and make sure it includes the date and amount of the settlement with all your info. if you do not have a fax ask if they can submit an email? let them know that until you do not have that letter stating that their was a settlement made than you will not be making any payments. once you receive the letter you can make a payment over the phone. afer 30 days they are suppose to send you a letter of release so that you can update yor crdit report. I tried doing this same thing and my credit score went up by 119 points. if you do not want to pay this debt with this particular CA then after a few tries they will sell your account to another CA so you make make a setlement offer with them as well. but do not believe that these people have any legal right to refer your account to the legal department , or etc that’s all bs, trust me i have told people the same lines. Good Luck
July 2nd, 2009 at 9:25 am
From my understanding that is illegal, they cant threaten you with a law suite unless they are going to do it, think of it this way, these people ae out for commision and if you buy into there little threats and pay they get a percentage. if i were you call the better business bearu and turn him in, and btw i do get threating calls and i blow them off screw them, what a horrible job harrassing people 24/7.
July 4th, 2009 at 11:02 pm
I wouldn’t send them anything or tell them anything except NOT TO CALL. If you send a letter promising payment or making a payment arrangement, you start the statute of limitations over, again. Bankruptcy is nonsense, in most cases. Unless you have lots of valuable assets, don’t do it!
If you can manage, consult with a lawyer who specializes in these types of issues. That’s what I wish I would have done.
July 7th, 2009 at 10:22 am
Go to and read the article on getting rid of debt collectors. This will solve your problem.
July 9th, 2009 at 6:34 pm
If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a “debtor.” If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a “debt collector.”
You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe.
This brochure answers commonly asked questions about your rights under the Fair Debt Collection Practices Act.
What debts are covered?
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.
Who is a debt collector?
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.
How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.
Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.
May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
What types of debt collection practices are prohibited?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact.
For example, debt collectors may not:
use threats of violence or harm;
publish a list of consumers who refuse to pay their debts (except to a credit bureau);
use obscene or profane language; or repeatedly use the telephone to annoy someone.
False statements. Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
falsely imply that they are attorneys or government representatives;
falsely imply that you have committed a crime;
falsely represent that they operate or work for a credit bureau;
misrepresent the amount of your debt;
indicate that papers being sent to you are legal forms when they are not; or
indicate that papers being sent to you are not legal forms when they are.
Debt collectors also may not state that:
you will be arrested if you do not pay your debt;
they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
Debt collectors may not:
give false credit information about you to anyone, including a credit bureau;
send you anything that looks like an official document from a court or government agency when it is not; or
use a false name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
collect any amount greater than your debt, unless your state law permits such
a charge;
deposit a post-dated check prematurely;
use deception to make you accept collect calls or pay for telegrams;
take or threaten to take your property unless this can be done legally; or
contact you by postcard.
What control do you have over payment of debts?
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.
What can you do if you believe a debt collector violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney’ s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector’ s net worth, whichever is less.
Where can you report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General’ s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General’ s office can help you determine your rights.
The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
This information is provided by the FTC
July 11th, 2009 at 1:53 am
DO NOT lose those recordings – they are golden !!!!!!
The threats on those recordings prove that the CA had violated your rights. With those recordings you have a legal right to request payment from the CA for their violations, through an intent to sue, or to go ahead and sue them.
You should also look over your credit reports, if they are reporting, for any further violations. If they are, send a dispute “NOW” to the CRA’s for the inaccurate info. If they are reporting the account as an open account, past due, claiming to be a factoring company, etc., etc., etc. (send the CRA dispute while the CA is still within the validation period)
If you sent your validation request within the first 30 days of contact and the CA had called after receiving your validation request – another violation.
If the CA had only made phone calls without sending something in writing within 5 days of the first phone call – another violation.
If the CA fails to validate properly, send a second validation request. Proper validation is not a computer print out or any paper from the CA – it must come from the original creditor through the CA. Then you might file complaints with the BBB, FTC, your AG and their AG.
Without knowing more (if the CA had sent a letter, if you had sent the validation letter within the first 30 days, etc., etc) it would be hard to say much more. Except that you should do some reading in the links I have listed in my profile – to the FDCPA, FCRA, etc (and especially do some reading and ask questions in the last link I have listed)
After you do the reading and you aren’t comfortable enough to file against them, you might speak with an attorney. Find one that is well versed in consumer law (the FDCPA, FCRA, etc) Many times they will give you a free first consult.
July 12th, 2009 at 5:32 pm
My friend, I hope you still have that message. That is abuse. They can not say that to you. info can be found
If I were you I would report that to the ACCC. They deal with these matters swiftly.
I recantly made a complaint about Dunn and Bradstreet. They caled me 5 times demanding my wifes details and I refused to give it to them. I told them after the third call not to call me any more. They can only call you 3 times in a week and not harass you. They can not threaten you with legal action unless the matter is 60 days over due and if they do they must issue it in writing.
July 13th, 2009 at 8:50 pm
record those recordings dont lose them they are priceless. and they are going to save your behind. get a lawyer and turn the tables on that arse. you have had your rights violated!!!!!!!!!!! Sue sue sue!lol you got a lawyers dream case…………
July 14th, 2009 at 6:13 pm
OK I work with collecting on debts and well they are just trying to scare you into paying. You always have they option of filing bankruptcy and you can go to a credit counseling agency although they don’t have to honor it. As long as you are willing to pay something on the debt on a regular basis there isn’t a lot they can do. I would wait until you here back from them or simply call them back and let them you have received confirmation that they have received your letter and would like a response. The worst thing you can do is simply ignore it because it will them go from collections into legal and that will cost you a lot more fees. And well if they refuse payment then you have basically met your obligation. You tried to pay and they refused but you will have to have proof that you tried and they did indeed refuse. GL
July 14th, 2009 at 7:24 pm
The law states that if you do not pay, or promise to pay for exactly 5 years from the date of collection action, they have to write it off and can never recover their money. So like the other girl said on here, do not write (or say) that you will make a payment. Find out the exact date you owed from and wait it out. Hang up on them or do not answer the calls….
July 15th, 2009 at 5:22 am
1. I hope you saved that tape because he violated the FDCPA several times by leaving that message and you can sue him. Most any lawyer will take the case.
I’ve been out of collections for a while, but his message has several violations. They used to pay $5,000 per violation and I see possibly 4 violations of the FDCPA.
I hope you have the tape.
1. for leaving a message that even implied it was about unpaid debt.
2. he lied (it’s not too late to file bankruptcy or cccs).
3. if he stated that he will send to a law firm and didn’t.
4. If the second message was on the same day.
If you have the tape, keep the original and give attorney the copy simply because I probably know which company he worked for and they are HUGE. If you accidentally turn over the original to someone who needs a favor from them, your proof could disappear.
It happens.
July 15th, 2009 at 3:27 pm
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July 17th, 2009 at 1:08 am
I would get a lawyer to review everything.
July 18th, 2009 at 1:52 pm
dont let these people brother you. they are all bark. if you feel like you dont owe them anything,ingore them ,but if you owe them make some kind oa arrangement to pay them, what ever you feel good about. these people can ruin you credit…