When a Credit Card Debt Collector Calls, You Do Not Have to Answer
Telephone calls have no legal weight since there is no record of what was said on a call. Knowing this, credit card debt collectors will say threatening things on the phone and get away with telling their lies. That is why consumer debt collectors choose to use the phone over mail. Debt collectors lose their power when communications are reduced to writing.
The record of written contact with a credit card debt collector is what holds weight in court. That record is a lot stronger when a consumer sends all letters certified return receipt requested.
There is a saying in online consumer forums, 100 percent of debt collectors tell lies 100 percent of the time. Here are some examples of those lies.
1. They claim over the telephone that a lawsuit has been filed against you in your local court, and that the summons is on its way to you. This is an awful, scary lie.
2. They threaten to have you arrested. (Debts are civil, not criminal.)
3. They threaten to put a negative listing on your credit report.
4. They threaten to have your wages garnished.
5. They threaten to have your bank account seized.
Each of these lies is a violation of the Fair Debt Collection Practices Act.
On the phone, credit card debt collectors attempt to get you to admit to the debt, confirm the debt’s credit card number and share personal information like your Social Security number, your work place phone number, and your bank account information. According to the Credit Card Debt Survival Guide, at this point you should deny and dispute the debt (whether or not it is yours), tell them they are just a voice on the other end of the line. They could be anyone, and you do not share your personal financial information with strangers. Then hang up.
Curiosity should be the only reason for taking one of these calls. If a credit card debt collector calls out of the cold, let them tell you what debt they are calling about, then tell them you have received no written notice from them about the debt and hang up.
Fortunately, the Fair Debt Collection Practices Act allows you to write to the debt collector instructing them to stop all collection calls. Once this has happened, any calls are subject to a $1000 penalty because they then violate the law. You can keep a log of every call and then contact a consumer rights attorney about suing the debt collector, fee paid on the contingency of winning.