Creditor Phone Calls ,What to say?

by GMATT
(Atlanta)

Due to divorce and loss of income, I am 4-6 months behind on my credit card payments. I have answered phone calls from creditors every 2-3 days. Why do they call asking the same verification information repeatedly, mention that the call is being recorded?
What to say if they begin to "snicker", "laugh" and talk to you in a condensending way by threatening to take you to court, garnish wages, etc?

I had a debt colletcor call and mention where I work currently and previously, how much equity I have in my home,that somehow I have continued to pay American Express, and how much debt total i owed.

It's well within their right, but I felt like this was an invasion of privacy and told to me in a way to annoy and make a situtaion that I dont feel good about, worse.

Unfortunately, it takes time to get completely back on your feet, but these companies act as if you have money hidden somewhere.

What to say, what to do?

Comments for Creditor Phone Calls ,What to say?

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Feb 16, 2010
 what to say to collectors
by: Gerri

I can only imagine how stressful this must be for you. First, you don't have to pick up the phone every time a creditor calls. If you have told them what's going on and that you cannot pay, then you can spread out your phone calls with them to every few weeks.

We go into more detail about talking with collectors in our ebook, but generally keep in mind you do not have to provide them with a lot of personal information. And you certainly do not have to try to use your home equity or other credit cards to pay them. Just keep your conversations very brief. Indicate you want to pay, but can't right now, and will contact them as soon as that changes. That doesn't mean they can't try to collect, but you can only do what you can. Focus on trying to bring in income so you can pay them.

I do hope that you are using our free worksheet to take notes of every call. If not, make sure you do that right away.

It's not clear whether you are dealing with creditors or third party collectors. If a third party collection agency makes comments about garnishing your wages or suing you, I would recommend you talk with a consumer law attorney immediately. They may be making illegal threats.

While the Fair Debt Collection Practices Act does not apply to creditors collecting their own debts there may be other state laws that apply. It doesn't hurt to talk with a consumer law attorney to find out. You can talk with a consumer law attorney with experience in debt collection cases. Learn how to get low cost or FREE legal help with your debt collection problem here.

I hope this helps. Please keep us posted!
Feb 18, 2010
 Re-Creditor Phone Calls
by: Anonymous

THANK YOU for your reply. The threats are coming from Third Party Collectors. I am doing all I can. The representative that I mentioned began to go over how much debt i was in, mentioned something about equity in my home, and that I have,somehow, continued to pay American Express. He then said if i dont pay, the next step would be to sue me and garnish my wages-that is what's coming next.
I received another call from a third party collector and he attempted to put words in my mouth when he said that "you dont intend to pay off this debt" I corrected him about saying things that I did not say.
A person can only do so much. You cant get blood from a turnip. Again, i have not avoided any creditor, but they dont seem to want to understand. Its like talking to a brick wall. If they want to really help, how about lowering the payment to a bare minimum for 12 months($40-50) with a low interest rate instead of asking for a lump settlement amount or large minium with a low interest rate. If people were able to do any of these things, they probably wouldnt be getting calls from them in the first place. This makes me wonder how much do they really want to help.
Feb 18, 2010
 threats to garnish wages
by: Gerri

Thanks for clarifying your question for me. The collector well have been breaking the law when he said you would be sued and your wages garnished. He cannot threaten to take legal action unless he intends to do so, and he likely can't tell you that your wages will be garnished as he has not gone to court and obtained a judgment against you.

I know it's terribly frustrating when you are doing everything you can and they just won't work with you.

I'd really encourage you to talk with a consumer law attorney. If you have a good case, they will likely take it on a contingent fee basis, and if you win your case under the Fair Debt Collection Practices Act you may be entitled to attorney fees in addition to damages. Plus, once you sue the collector, you may find the others back down. It's sad it has to get to that point, but it may provide you with the breathing room you need to regroup.

Stay in touch OK?
May 04, 2010
 Car Loan Creditors and Divorce
by: Anonymous

My ex and I are cosigners on a van he uses for his business....

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