9 Ways to Turn the Tables on Debt Collectors (2024)

PublishedMarch 26, 2013 | 8min. read

Gerri Detweiler

Gerri Detweiler focuses on helping people understand their credit... Read More

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  • 9 Ways to Turn the Tables on Debt Collectors (2)
  • 9 Ways to Turn the Tables on Debt Collectors (3)
  • 9 Ways to Turn the Tables on Debt Collectors (4)
  • If your phone is ringing off the hook with calls from debt collectors, it’s not likely that you feel in control of the situation. But letting yourself feel scared or intimidated isn’t a good option, either. Go down that road and you may wind up making promises you can’t keep, or payments you can’t afford.

    What if there was a way to turn the tables on debt collectors so that you are in control of the conversation, and can actually come up with a solution to put those debts behind you? You’ll find nine approaches to doing just that here.

    Note, however, this is not about trying to get out of paying your debt if you can afford to do so. What we are talking about here are legitimate ways to deal with aggressive or relentless collectors who continue to pressure you to pay debts you owe but are impossible for you to pay right now. If you suspect the callers aren’t on the up and up, though, you’ll need different strategies for stopping debt collection scammers; and if you are getting calls for someone else, you’ll want to read about what to do if you are getting collection calls for the wrong person.

    Don’t Wait for Them to Call

    Consider picking up the phone and calling the debt collector yourself. “People I have worked with over the years find they have a different mindset when talking with a debt collector when they have made the call themselves,” insists Michael Bovee, founder of the Consumer Recovery Network where he provides free information about how to talk with debt collectors. “You are better able to prepare for the call and are dialing with a prepared strategy and purpose. Most people feel they are more in control of the call when placing it themselves.”

    Check Them Out

    By the time a bill collector calls you, he probably knows a good deal about you. He probably has reviewed your credit reports to see what other debts you owe. (You can check your own free annual credit reports at AnnualCreditReport.com and you can get your credit scores for free on Credit.com.) He may have checked out your employment using The Work Number database. He may have even checked out your Facebook profile.

    You, on the other hand, are getting a call from a company you’ve probably never heard of before. And even if you know you owe the debt, it’s reasonable for you to check out the collector. At a minimum, you want to make sure you are dealing with a legitimate company and not a debt collection scammer.

    Ask for the agency’s address (you are entitled to this information) and check them out with the Better Business Bureau. Call your state’s attorney general office to find out whether collectors must be licensed in your state. If so, confirm whether they are. Most states provide an online look-up tool for checking the licensing status of a business.

    What if the collector won’t tell you who is calling? If you have caller ID, type the phone number of the company that’s calling into a search engine, suggests Sukhman Dhami, founding partner of The Dhami Law Firm, adding, “You can learn a lot online.” You may find the name of the agency as well as learn about complaints from other consumers.

    Dump it Back in Their Lap

    If the debt collector is trying to collect on a debt that you don’t recognize, or you think the amount is wrong, or you think it’s too old, ask them to validate the debt.You have the right to do so under the federal Fair Debt Collection Practices Act. “Asking for proof how the debt was calculated and to demonstrate it is a valid debt you owe will put you back in the driver’s seat by asking them to support their claim,” says Steve Rhode, a.k.a. “The Get Out of Debt Guy.” At a minimum, requesting validation of a debt gives you time to research the debt to determine if it is legitimate and figure out what you can afford to pay toward it. (If a debt collector refuses to verify the debt after you’ve requested it, the company may be breaking the law.)

    Stick to Business

    You may feel guilty or embarrassed that you couldn’t pay your bills. The collector knows that and may try to use that to his advantage. “There is a great deal of psychology used by debt collectors to create feelings of guilt and obligation on the part of debtors,” warns Atlanta bankruptcy attorney Jonathan Ginsberg. They key is to try not to get swept up in the emotions. “When the debt collector calls, people panic, and when they panic they don’t think clearly. This leads to more stress, fear, intimidation, and loss of control,” agrees Rhode.

    A couple of years ago, Ginsberg interviewed Kenny Golde who was able to settle $250,000 of credit card debt for less than 50 cents on the dollar and went on to write a book about his experience.In that interview, Kenny explained that the key to his success arose from treating all interactions with debt collectors as business dealings, understanding that their focus is on collecting funds as quickly as possible, and knowing he had a certain budget he had to stick to.

    Show Them the Money

    Reached an impasse? You may want to send the collector a payment, such as $100, suggests Ginsberg. “In some situations, collection agencies lose their commission if the file is referred to a lawyer so they will be less likely to turn the file over to the lawyer if they are receiving money,” he explains. Keep in mind that making a payment could extend the statute of limitations on an older debt and it doesn’t prevent a collector from suing you to collect. However, this could be one tactic to try if your other attempts to make good on a debt aren’t working.

    Ask to Speak to a Supervisor

    If a collector is trying to scare and intimidate you, write down those threats immediately and ask to talk with a supervisor. Make a note of the supervisor’s name. If you end up suing the debt collector for breaking the law in its collection efforts, “that’s how you get punitive damages,” says Florida consumer law attorney William Howard. “If it’s just Billy the crazy collector threatening you, then they’ll just fire him,” he explains.”But if you complain to their supervisor, now it’s not just their collector (that’s the problem), but their internal procedures.”

    Call Their Bluff

    If a debt collector is threatening to take legal action, don’t panic. It may not make sense for them financially to sue, or they may not have a strong case if you fight the lawsuit. They are counting on the fact that you don’t know that. “If the collection agency is based out of state they will almost certainly have to retain local counsel, so use that knowledge to your benefit and turn the tables on them,” Ginsberg suggests. “For example, you can say, ‘If you have to sue me, your company will have to hire a lawyer and you’ll lose out on your commission — why not accept my proposal of $XX.”

    Tell Them to Take a Hike

    Under federal law you have the right to ask a debt collector to stop contacting you. It’s best to put this request in writing, either by mail or by fax. “They can still sue if they want,” warns Howard. “But the majority of debt collectors aren’t set up to sue, they are set up to set you up on their autodialer and keep calling.” He notes this strategy can be particularly effective with smaller debts as many debt collectors aren’t set up to sue consumers for small amounts.

    Talk With an Attorney

    Don’t be afraid to reach out to a consumer law attorney or bankruptcy attorney for help. Many offer a free consultation. A consumer law attorney can tell you whether the collectors’ actions to collect from you are legal. And a bankruptcy attorney can explain what they can and cannot do to collect from you. Some attorneys offer both services.

    More on Managing Debt:

    • How to Pay Off Credit Card Debt
    • Understanding Your Debt Collection Rights
    • Top 10 Debt Collection Rights

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    9 Ways to Turn the Tables on Debt Collectors (2024)

    FAQs

    9 Ways to Turn the Tables on Debt Collectors? ›

    If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

    What is the 11 word phrase to stop debt collectors? ›

    If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

    What tricks do debt collectors use? ›

    Top 7 Debt Collector Scare Tactics
    • Excessive Amount of Calls. ...
    • Threatening Wage Garnishment. ...
    • Stating You Have a Deadline. ...
    • Collecting Old Debts. ...
    • Pushing You to Pay Your Debt to “Improve Your Credit Score” ...
    • Stating They “Do Not Need to Prove Your Debt Exists” ...
    • Sharing Your Debt With Family and Friends.
    Dec 13, 2023

    What's the worst a debt collector can do? ›

    Debt collectors are limited on when they can call you — typically, between 8 a.m. and 9 p.m. They are not allowed to call you at work. They can't lie or harass you. Debt collectors can't make you pay more than you owe or threaten you with arrest, jail time, property liens or wage garnishment if you don't pay.

    How do you outsmart a debt collector? ›

    You can outsmart debt collectors by following these tips:
    1. Keep a record of all communication with debt collectors.
    2. Send a Debt Validation Letter and force them to verify your debt.
    3. Write a cease and desist letter.
    4. Explain the debt is not legitimate.
    5. Review your credit reports.
    6. Explain that you cannot afford to pay.
    Mar 11, 2024

    What is the loophole of debt collection? ›

    The FDCPA contains a loophole for so-called in-house collections. An in-house collector is a branch of the bank, retailer or credit-card firm that originally made the loan or offered the credit line. Lenders often try to collect debts themselves in the early stages of a default, using their own collection agencies.

    What is the 609 credit repair loophole? ›

    Contrary to what some might think, section 609 does not require credit bureaus to provide proof of your accounts. The FCRA gives you the right to dispute information you believe to be unfair, inaccurate or unsubstantiated.

    What not to tell a debt collector? ›

    Debt collectors may ask questions to verify your identity, but you should never provide sensitive or financial information, at least not until you've verified the debt and that it's not a scam.

    What is zombie debt? ›

    Zombie debt (sometimes called phantom debt) is old debt that's come back to haunt you. This could be either debt you've already paid off, debt that's too old to be collected, or debt that belongs to someone else entirely. Basically, debt collectors are trying to get money they have no legal right to go after.

    How do I get rid of debt collectors without paying? ›

    You can sue the debt collector for violating the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney's fees and might also have to pay you damages. If you're having trouble with debt collection, you can submit a complaint with the CFPB.

    What are 2 things that debt collectors are not allowed to do? ›

    Harassment and Call Restrictions

    Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take.

    Why should you never pay a debt collector? ›

    Paying an old collection debt can actually lower your credit score temporarily. That's because it re-ages the account, making it more recent again. This can hurt more than help in the short term. Even after it's paid, the negative status of “paid collection” will continue damaging your score for years.

    How long before a debt becomes uncollectible? ›

    Statute of limitations on debt for all states
    StateWrittenOral
    California4 years2
    Colorado6 years6
    Connecticut6 years3
    Delaware3 years3
    46 more rows
    Jul 19, 2023

    How do you scare off a debt collector? ›

    9 Ways to Turn the Tables on Debt Collectors
    1. Don't Wait for Them to Call. Consider picking up the phone and calling the debt collector yourself. ...
    2. Check Them Out. ...
    3. Dump it Back in Their Lap. ...
    4. Stick to Business. ...
    5. Show Them the Money. ...
    6. Ask to Speak to a Supervisor. ...
    7. Call Their Bluff. ...
    8. Tell Them to Take a Hike.
    Mar 26, 2013

    What is a weakness as a debt collector? ›

    Lack of current information on debtors. Difficulty identifying and contacting debtors. Difficulty in accessing the most valuable information. Takes too long to locate debtors when sorting through all the data.

    How do you win against a debt collector? ›

    Here are a few suggestions that might work in your favor:
    1. Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ...
    2. Dispute the debt on your credit report. ...
    3. Lodge a complaint. ...
    4. Respond to a lawsuit. ...
    5. Hire an attorney.

    What should you not say to debt collectors? ›

    Debt collectors may ask questions to verify your identity, but you should never provide sensitive or financial information, at least not until you've verified the debt and that it's not a scam.

    What to say to creditors to stop them from calling? ›

    If you ask a debt collector to stop all contact – regardless of the communications channel – the collector must stop. Keep in mind, though, that you could still owe the debt. If you don't want a debt collector to contact you again, write a letter to the debt collector saying so.

    What is debt trap in one word? ›

    A debt trap means the inability to repay credit amount. It is a situation where the debtor could not be able to repay the credit amount.

    What is the loophole of credit card debt? ›

    The Credit Card Debt Loophole

    Transferring debt to cards with low or 0% interest rates for a promotional period. Negotiating with creditors to settle debts for less than the full amount owed.

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