CanLaw
Credit Problems? How to legally reduce or eliminate all your debts.
DO NOT TALK TO ANY BILL COLLECTOR WHO PHONES TO HARASS YOU ABOUT DEBT.
What Not to Do When a Collection Agency or
Debt Collector Calls
Anything you tell a bill collector will be used against you
Bill collectors keep calling you and
you do NOT know how to respond!
Get their name, company, log all calls
and report them for harassment
Learn what to say and how to say it when debt collectors call and demand payments and answers to personal questions! Best to say nothing.
You Do NOT Have To Answer Any Questions
They will try to get answers to what you have
so they can find your assets
DO NOT ANSWER THESE QUESTIONS
- Are you paid weekly or bi-weekly?
- How much is your take-home pay?
- Is your spouse working?
- If so where, how paid, amount, etc.
- Do you have other sources of income such as child support, part-time work, in home day care and so forth?
- Do you rent or own?
- How much per month? Is it current?
- How much is your car payment? Is it current?
- What are the make, model, and year of your car(s)?
- Where do you bank? (checking and savings, name of bank)
- Do you have any bank loans? How much do you owe? Are they current?
- Have you ever borrowed money from parents, relatives, and friends in the past? If so, how long ago? How much? Did you pay it back
If you answered any of the above questions then expect the collector to put you on hold while she figures out the best suggestion for you to pay off the debt.
Typically they will come back with, "If I could show you a way to pay this debt off, would you be willing to work with me?
Consider your answer carefully! Counter offer with a payment agreement of your own (only suggest what you can truly afford)
Ask about credit reporting information. You want to keep it off your credit reports so make this part of your payment agreement.
Consider your answer carefully! Counter offer with a payment agreement of your own (only suggest what you can truly afford)
Ask about credit reporting information. You want to keep it off your credit reports so make this part of your payment agreement.
DO NOT agree to anything unless they suggest a payment plan that you can afford and then only agree to a written plan.
Do not trust or believe any verbal promises.
They are liars.
The bill collector is not your friend and not trying to help you no matter what she says, she is probably lying.
She will suggest
- borrowing from others,
- refinancing your home or car loan, or
- putting the debt on another credit card.
Using these options means robbing Peter to pay Paul and, more than likely, will just push you deeper in debt.
Collectors will demand payment
in the following order
- Balance in full
- Settlement (in no more than two payments)
- Payments over 3 or more months, usually not to exceed 6 months
- Good faith payment while you ask others for loan such as your parents, friends, bank etc
Since they want the full amount as quick as possible, they will refuse just about anything you offer and try to force you to agree to their terms.
Unless you're extremely good at negotiating, never negotiate terms on the phone, you'll lose every time. Offer your terms once (maybe twice) and if they refuse to work with you, end the conversation!
Collectors will insist on you paying by their preferred method. There is no law compelling you to pay by any of their methods!
Make sure that you pay by any method that does not provide information about your bank account to the collector. The best method is to pay by money order and send it via official mail.
WARNING! Never pay by post-dated cheque or an automatic withdrawal process.
WARNING! DO NOT send any money until you have a signed payment agreement letter in your possession!
CanLaw Guide to the Law on Debt for the Layperson
Canada Trusts
CANLAW
On line Since 1996