All Communication from Debt Collectors can be used as Evidence against them

If a debt collector calls you, do not panic and hang up. Take the calls and keep them talking to find out as many details as possible about them. Ask for debt details, original creditor's name, debt collection agency's name and caller's name. Instead of giving your personal information out, try to get as much information as possible from debt collectors.

The Fair Debt Collection Practices Act (FDCPA) is a federal statute enforced by the Federal Trade Commission (FTC) to regulate debt collection practices. The FDCPA does not cover original creditors in this regard.

The FDCPA came into being to prohibit the unfair practices adopted by the third party debt collectors. These debt collectors are over zealous to collect debts, sometimes more than debts, and hence resort to tactics that would scare you to pay. However, as a consumer you are protected against these mean tactics by the FDCPA.

It is wise to collect all information that is possibly useful when you sue these collectors for violating the FDCPA. Per the FDCPA a debt collector can call you in an attempt to collect on a debt but he cannot call you at inconvenient times, or repeatedly which disturbs you. According to the FDCPA, the language that a debt collector should use over the phone or in person should be decent. He must speak in accordance with the law and not to threaten you.

One of the most frequent violations by debt collectors is to call repeatedly and speak obscene language. Since debt collectors are in a hurry to collect money from you they use all possible tactics to get the money from you. Recording of debt collectors' calls is allowed in 35 states and District of Columbia. If your state allows you to record calls from debt collectors, do so and keep them to use in a court of law. Electronic evidence is considered very vital.

Whatever you communicate to debt collectors, whether on phone or in writing, keep all communication on record. Keeping a log of telephone calls along with date and time notes, filing of all written communication can prove very useful while pursuing a case. While most of the times debt collectors may end up attempting to collect on debt not yours, if they validate the debt, it is better to come to terms to complete the payment. Negotiate with debt collectors for a payment plan that is most suitable to you.

Always insist on written acceptance from debt collectors if you have agreed on a payment plan. Try negotiating a payment plan at the end of a month when debt collectors typically are in a hurry to strike deals as their monthly commission is calculated at the end of the month. Whatever you choose to do, be wary of the many techniques that debt collectors have in their pocket to make you cough money. If you are cautious you can have an upper-hand while handling debt collectors.