but many debt collectors are trained how to pursue collections by pushing at the consumer protection laws without breaking them.  The worst thing you can do is ignore a debt collection call.  This is why you should know how to protect yourself from unscrupulous debt collectors and how to handle them when they do get out of line.

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1.  DON'T LOSE YOUR COOL.  Debt collectors are pushy by nature.  Some debt collectors take it a step further and are down right obnoxious.  They often intentionally push your buttons so that you are not thinking straight and might agree to something you would not otherwise agree to or make a payment just to get the debt collector off the telephone.

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2.  DOCUMENT ALL CONTACT.  Keep a notepad close.  Documentation is important if you eventually need to sue a debt collector to stop the harassment.  If you receive a call from a debt collector, tell the debt collector that you will be recording the call and if he or she objects, he or she will need to hang up.  If the debt collector does not hang up, ask for the name of the debt collector, the name of the creditor and the balance.  If you are able to make a payment, negotiate a settlement.  If a settlement is reached, tell the debt collector that you will make payment once you have recieved confirmation in writing of the settlement.  Make sure to write down the details of the settlement reached.  Often, the debt collector has no authority to offer a settlement and will, instead, insist on immediate payment over the telephone.  Note that making any payment will re-start the statute of limitations and could possibly revive an old debt.  To be safe, avoid making any payment directly to a debt collector.  Instead, call the credit card company back at a known telephone number or log in to your online account to make the payment.  Even if you don't pick up the call, if you know it is from a debt collector by the caller ID or telephone number, make a note of the date, time and phone number making the call.

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3.  REQUEST EVERYTHING IN WRITING.  To avoid miscommunications or outright misrepresentation on the part of dishonest debt collectors, make sure to request that every debt collector follow up the call with a letter documenting their demands or offer, whatever the case may be.  If you would like to avoid debt collector phone calls altogether, request that the creditor and all debt collectors on the creditor's behalf cease calling and communicate only by mail.  Advise that you are especially prohibited from taking calls while at work.  Write your request on the last bill you received from the creditor, make a copy and mail the request to the creditor.  It is always best to send the request by certified mail if you are able so that you have proof you sent the request.

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4.  HANDLING THE PUSHY DEBT COLLECTOR.  Often, even though you have requested that a creditor's debt collector only contact you by mail, you will continue to receive calls from debt collectors on behalf of the creditor.  This is a blatant violation of your rights pursuant to the Fair Debt Collection Practices Act as well as the Florida Consumer Collection Practices Act.  Accordingly, when you know it is a debt collector, immediately advise that you will be recording the call and that he or she may hang up if he or she objects.  If the debt collector continues, make sure to get a first and last name, job title and name of creditor and remind the debt collector that you mailed a letter requesting that all communications only be in writing.  If the debt collector persists in attempting to collect the debt, advise that you will be hanging up then do so.

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5.  KNOW THE CONSUMER PROTECTION LAWS.  It helps to know when a debt collector has crossed the line and violated your rights under the Fair Debt Collection Practices Act (FDCPA) as well as the Florida Consumer Collection Practices Act. (FCCPA).  If you think a debt collector has violated your rights under either the FDCPA or FCCPA, contact an experienced consumer protection lawyer to discuss what to do next.  The lawyer may be able to file a lawsuit on your behalf.

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