In the trucking business you know that if you’re not running shipments, then you’re not making money. And if your work dries up, then you have to make some hard choices. Do you pay for meals this week, or make sure that your truck note is paid? Do you pay the mortgage or for your cell phone? We all fall into hard times, and unfortunately when the bills go unpaid, you can be sent to collections. If you are dealing with debt collectors, there are some important things that you need to keep in mind. You have the rights, not them; so know those rights.
Your Rights as a Debtor
Debt collectors can get pushy. After all they have to deal with a lot of people who would like to pay their bills, but they don’t have the money to pay their bills. When they cross the line, then that is when the power shifts to you as the debtor instead of the debt collector. Here is how you know that they have cross the line.
They Harass You – There is a fine line between harassment and being persistent. That is why the FTC has specific guidelines that must be followed. The debt collector, in essence, must remain professional. They cannot use threats of physical harm, threats of imprisonment, or obscene and profane language. The debt collector cannot “repeatedly use the phone to annoy someone,” although there is no real definition on how often “repeatedly” is. If they show up at your door in the middle of the night, they have definitely crossed the line.
They Lie to You – The debt collector has to be honest. They cannot misrepresent who they work for, how much you owe, or claim that you have committed a crime (failure to pay your bill is not a crime in that sense). Anything the debt collector says or sends you must be 100% honest without stretching the truth.
They Charge Fees – Debt collectors can’t arbitrarily tack on interest or fees. For instance, you owe $500 for a shipment of goods. The contract makes no indication of interest for late payment. If the debt collector tells you that you now owe $550 because of late payment penalties, they are breaking the law.
The Federal Trade Commission has specific guidelines for a debt collector to follow. If they step out of those guidelines, they have lost a lot of credibility, and subject themselves to lawsuits. In fact, if you find yourself faced with an unscrupulous debt collector, your best bet is to find a personal injury attorney, and fight back. Most attorneys will take on the case free of charge to you, and their payment comes from any settlement that is awarded.
Dealing with Debt Collectors
Since you are out driving most of the week, you may get a collections notice early in the week and not even see it until several days later. It is important that as soon as you do find the notice, that you call the debt collector right away. When you do, make no mention of the amount owed, and definitely don’t acknowledge that you owe the money (even if you do, there is no need to mention that over the phone). Take some time to determine your payment schedule and then come back to the collector with negotiations (you can often settle for less than is actually owed).
Keep in mind that if the collector is wrong, and you aren’t the one that owes the money (or it has already been paid off), the collector has to show you proof, in writing, that you still owe on the account.
Being collected on is a pain. Make sure that you know your rights as a debtor before you ever have to deal with a collections agency.
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