Don't Initiate Contact with Debt Collectors -
If You Value Your Rights Under the FDCPA
I'm sure you know not to trust anything a debt collector says, right? Until you get it in writing, it might as well not exist at all. And you know that one of the main purposes of debt collectors calling you is to gather information that they intend to use to hurt you, right?
But you probably think you have some protections under the Fair Debt Collection Practices Act the FDCPA. And for the most part, you're right. When it applies, the FDCPA makes it illegal for a debt collector to lie or attempt to deceive you. Now, judges can have widely different views of what constitutes "unfair" or "deceptive," and there's rarely a good reason for you to call a debt collector, but if you feel you must...
You should know that if you initiate contact with the debt collector, the FDCPA will not apply.
As with many things in the law, it isn't always what things mean. The way you find out for sure is by having your judge rule for or against you at trial. For most people, that's way too late! Our solution to that is extreme caution - to the point of never contacting them at all. Of course, we don't think you should talk to them if they call you, either, 99% of the time. Still, if you think it might make some sense to contact them, here are some of our best guesses.
In our opinion, it's rarely a good idea to talk to a debt collector. Under the best of circumstances, you're letting the debt collector know it has a way to contact you. And in most cases debt collectors are trying to wear down your resistance or gain information from you that will make collecting your money (after a lawsuit) easier for them to do. Therefore, we suggest only talking to a debt collector in that very rare situation where you actually have a plan and want something from them. Then, get what you want and get off the phone.
If you are being contacted by debt collectors, you need to be alert to protect your rights. These calls are often a prelude to their suing you. You might consider membership with our site, which gets you our ecourses for free, plus gives you many other benefits.Check out some of our e-courses. Or consider our prepaid legal plan to protect you from future possible litigation. With that, if you get sued, you'll get a lawyer to defend you for free.