You cannot negotiate if you are not talking
The following recommendations assumes that you have acknowledged the validity of the debt and are willing to make arrangements to pay.
You do have the legal right to stop abusive debt collectors from calling you, however, this is not necessarily your best option as you will be closing yourself off from all communication and preventing yourself the ability to be involved in negotiating your best options to pay off or settle your account.
To make matters worse, the collection agency may be left with no other choice but to seek other legal remedies, such as selling your debt to another agency, file a lawsuit against you, request a judgment order, or if permitted in your state, garnish your wages, or seize your property, causing further damage to your credit.
There are better options, and maybe some benefits, from your communicating with a debt collector who is repeatedly abusive, or using profane language, or making threats, and making harassing collection calls.
Check Your State Laws
In some states you are permitted to record your phone conversations so long as one person is aware of the recording in process, in other states you must get the permission from the other party to record, and in other states there is no requirement.
In either situation, you must be fully aware of any phone recording laws in your state as you do not want to place yourself in any legal jeopardy by violating your state laws. The most important point to remember here is to document dates and times and the full details of all communications and also documenting any witnesses to your conversations with the debt collector.
Sue the Debt Collector
In some situations, a debt collector may be so egregious when violating the FDCPA that their actions may have caused you emotional distress and anxiety which may have affected your ability to function at work or tend to your family.
As a consumer, you have the legal right to sue a debt collector for violating the FDCPA in state court or small claims court, however, you must recognize the time and the cost that you may endure, and then make the decision for yourself if suing the debt collector is worth the cost, your time, and your effort.
We recommend that you consult an FDCPA Attorney to determine your course of action.
Again, it is very important for you to have as much documentation as possible to make a strong case in any court.
Submit a Cease and Desist Letter Demanding Action
Another option would be to submit a cease and desist letter to the collection agency office manager indicating that you no longer want to have any more contact from (identify the debt collector) and document your reasons why. Include any documentation that supports your claim. Make clear the FDCPA violations that you feel that the debt collector has fractured and demand to know how the office manage intends to address and rectify these FDCPA violations.
If the FDCPA violations are severe enough, the office manager may decide to cancel your debt all together. If this is the case, then you need to make an immediate request of the office manager to forward you a signed letter, by mail, that includes dates, account numbers, and balances, that specifically confirms their releasing you from any obligation towards your account.
It would not be wise to simply take the ‘word’ of the office manager. A common adage in the debt collection industry is this:
‘If it is not in writing, it didn’t happen.’
Submit a Cease and Desist Letter with Conditions
Similar to the previous recommendation, if the FDCPA violations are not as severe, use this opportunity to request no further contact with (identify the debt collector) and indicate your willingness to bring your account to a resolution.
Indicate how and when the next debt collector can contact you to discuss your account, or indicate in your letter your proposed best offer, if any, and note the amount and date of your payment or the amounts and dates of your payments.
It’s a Good Time to Settle
After making it clear that the debt collector violated the FDCPA, you may be in a strong position to make an offer to settle for less than what you owe.
Leverage is always good to have on your side and if the debt collector violated the FDCPA the collection agency may be anxious to settle the account to prevent any legal action that you may consider taking.
Just be certain that whatever dollar amount that you agree to settle on, that you receive a proper settlement letter that meets all of your conditions.
In closing, let me say this, there are bad debt collectors that will go beyond what the FDCPA law allows in their attempt to collect a debt, and if you happen to encounter a bad debt collector who violates the FDCPA, you can use this to your advantage when negotiating your valid debt.
Keep the lines of communication open and work towards negotiating the best deal that benefits you.
.