The Worst Advice We’ve Heard about Handling Debt Collection Calls

December 26, 2016

When you’ve worked as a debt collection defense attorney for this long, you hear people follow all sorts of bad advice when it comes to debt collection. At the law office of Michael A. Ziegler, we handle debt collection cases all of the time. Here’s some of the worst advice we’ve heard about handling debt collection calls.

Debt Collection Defense Attorney Reveals the Worst Advice He’s Ever Heard on Dealing with Debt Collectors

“If a debt collector calls you with a debt, you should admit that you owe the debt and let them know you will start paying as soon as you can, in order to buy time.”

You should never admit to the debt collector that you owe a debt. There may be exceptions to your debt that will allow you to reduce or even waive the amount owed. Any promise that you make to fulfill the contracted amount can be interpreted as a separate contract and renew the statute of limitations for the debt. Instead, you should ask for details of the debt in writing and contact a debt collection defense attorney immediately.

“A lot of times, you can make a good faith payment and avoid being sued.”

Don’t make any payments outside of your settlement agreement. What that payment is capable of doing is extending the statute of limitations that the debt collector can sue you for the debt. In most states, the statute of limitations is based on the date that you made the last payment. Any payment, no matter how small, can restart this timer.

“If you don’t pay quickly or set up a payment plan, debt collectors will begin calling you at work and even may garnish your wages.”

A debt collection agency cannot garnish your wages without the ruling of a judgment in their favor. If you have not been to court, and the ruling has not been made, the debt collection agency has no access or rights to your wages. Debt collectors also are only allowed to contact you during the times you specify. If you request that they do not contact you at work, they cannot call your place of employment any further. Doing so would be a violation of Federal law.

“If you give a debt collector all of your information, they will be able to come up with a payment plan that works for you.”

You should never give a debt collector information about your personal financial information. This means that you should never provide your social security number or discuss the amount of property that you own, and never provide bank account numbers unless you are making a payment. Only provide basic information about income and financial issues in order to create a payment plan. You should always speak to an attorney before releasing any information at all.

Share this Article

About the Author

Ziegler Diamond Law: Debt Fighters, provides effective legal services to consumers in Clearwater, Florida, and throughout the Tampa Bay area who are facing home foreclosure, unmanageable debts, debt collector harassment, or other debt-related problems.