Who better to know about debt collectors than a former debt collector? James Kutkowski runs The Law Offices of J. Kutkowski, Esq., based in Emmaus Pennsylvania, and is respected by both judges and collectors alike. Here, he explains how to deal with the latter in the best way possible.
Debt collectors of the junkyard dog of the financial world. I should know as I spent 10 years in that industry. Not only do I know where the bodies are buried, I also know where we put them, and why.
Dealing with debt collectors can be frustrating. Being a debt collector is a poorly paid profession in the United States. Most debt collectors work on commission, and if they don’t collect a certain amount, than not only will they be fired, but they’ll be hungry because they won’t get their commission.
Being a debt collector is a thankless job, so don’t be surprised if the debt collector on the phone isn’t polite to you. Being polite is not part of their job. Their job is to collect money, end of story.
Be Polite Yourself
I advise my clients to do their best to be polite with the debt collector on the phone. Of course, if you’re my client, we can figure out how to fix their wagon. But even if you’re not a client of mine or a client of another attorney, you can make your experience with the debt collector a little less frustrating, and a little more productive.
The first thing I do is ask who the original creditor was. This will help you remember if you actually do owe the debt because if you do owe a debt and can afford to pay it, you should. I had a debt collector call me recently regarding my gym membership. I had changed my checking account and had neglected to let my gym know that I had changed accounts. Because of this, their automatic withdrawal did not work, and I wasn’t the wiser. The debt collector called from an Alabama debt collection company and I immediately asked who the original creditor was. When they told me that my health club was and showed me that I owed a debt for the past two months, I knew right away what the problem was. I paid the debt collector, went to my gym and got the matter resolved.
Bogus Debts
Now, let’s suppose that the Alabama debt collection company called me and said I owed a $500 debt as a check had bounced to the local taxidermist. Now I know that I don’t participate in anything requiring taxidermy, so I would be aware that this would be invalid. So I could ask him to prove that I owed the debt by showing me an invoice or something with my signature saying that I owed the debt.
By law, a collection agency is required to send proof of the debt within 30 days if you request it in writing. If a debt collector calls you, ask for their mailing address so that you can send them that request. If they don’t comply and they continue to try to collect the debt, they have violated the Fair Debt Collection Practices Act and can be civilly liable for it. If they call you in the meantime, they may also have violated the Act by failing to cease communication upon request, and could be civilly liable for that as well.
Stay Civil
So was the debt collector on the phone uncivil with me? No. I do my best to keep my cool with these people, and in this case at least, we got the matter resolved quickly and fairly. However, once in a while that’s simply impossible. The best solution when dealing with a debt collector who refuses to be civil is to hang up the phone. You are likely to get someone else on the phone tomorrow who might be more willing to be cooperative.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
