The same thing happened to me. As soon as I got my new phone number, I was hounded with calls looking for "Jorge" who apparently owed a lot of companies money. I just had to tell them that I was not "Jorge" and that he apparently let his phone bill lapse as he had his numerous other bills, and I was the new owner of the number. The calls stopped...after 2 years...sigh.

misskatybean

Fortunately, I've never gotten a debt collection call ... legitimately. For months, I had Chase debt collectors calling my new cell phone number looking for "James & Amy Whitehead". At first, naively hoping I could actually remedy the situation, I tried everything. Then I started getting aggravated and started berating them for their incompetence. Then I started trying to have fun with them. Nothing I did could get my number off the list. Begrudgingly I had to change my number costing me hundreds of dollars for new business cards, stationary, time, etc. Any advice on how to deal with these knuckleheads when THEY'VE got old information? After all ... I wasn't the idiot who loaned "James & Amy Whitehead" any money.

taborro

I, alas, have deadbeat relatives. Who used to give my number out as a reference. While I enjoy being rude to bill collectors as much as anyone, I really did not enjoy getting that much practice. I finally had to tell one guy that it was against the law to harass me on behalf of my relatives, and if I ever heard from him again, the next call HE would get would be from the FBI.

And we list our second line under a fake name (initial and last name) and bill collectors seem to think it's fair game calling it if they've got a deadbeat with that combination of first initial and last name, and it's so much fun to ask them where they got the number and then inform them they are full of shit.

I did get one small bit of satisfaction when it came to someone unrelated, though. We had to change our phone number when we moved and apparently some other deadbeat had that number on her bad checks. And her name was similar enough to what mine would be if I had taken my husband's last name that on occasion people in the household weren't listening carefully and instead of saying "No such person" they said "She's not here." Which of course encouraged the bill collectors to call back.

However, one night it happened that the deadbeat's supervisor called to see if she could work a late shift at a local nursing home. At which point I got to say "When you do see her, grab her by the scruff of her neck and tell her that if she doesn't get our phone number off her bad checks, the next time a bill collector calls here I will tell them where she works."

End of harassment.

infmom

OH, and of course, you can't be James or Amy. Otherwise the harassment threat won't work.

RickS

@taborro: "This number no longer belongs to James and Amy. I've told you this before. This is the last time. If you call this number again, it will be considered harrasment, and I will contact a lawyer."

If they call back, you have a suit, and they will lose. Make sure you get the name of the people you talk to each time. Make sure you give them more than one opportunity before threatening harrasment.

RickS

My best tip for dealing with collectors is to actually pay bills on time.

No useful, novel advice for people getting calls for people who don't live there.

PotKettleBlack

I work in a nice collection agency. Yes, it's possible since the retail store owns their own credit card and governs their own system, mainly for guest retention.

However, some of my tips for the general public -

1) Never hang up. On most systems, this shows as an unsuccessful contact, so most dialers try again later on in the day. That may seem like harassment, but it's just an attempt to try to get contact. If you're one of the people who's getting calls for a wrong party, tell the collector. Just state what RickS said above. If the collector does their job properly, a code forces the dialer to try a new number or go to a skiptrace queue.

2) If you can't pay the entire amount, try a little. A little shows effort towards paying the debt, and can possibly prevent negative credit bureau reporting.

3) Again, if you can't pay, ask what your options are. A lot of companies have hardship programs with reduced interest rates and monthly payments.

4) Play by lifehacker's previous post about "complaining like an old man". I am surprised whenever I get someone who is nice and can compromise. I go the extra mile for them to help them out, and I waive fees when they ask.

that brings us to...

5) Ask to get fees waived! Before you agree to pay, say you'll pay if they waive some sort of fee for you. Typically, if you ask, they can do it, especially if you've been in good standing other than your current debt. Doing this will be win-win, you save a little, and the collector gets to do what they need to do...and it can possibly stop the calls for you.

6) Avoiding phone payment fees - if there are any, you may want to say you tried paying online or on their auto phone pay system and you were having problems. That typically gets the fee waived since you were making effort to pay, but the company's systems were having issues. Also, if your spouse is not on the account and pays on your behalf, legally, they cannot charge a phone payment fee since the account holder cannot agree to it. This works in most states except those with laws against speaking with spouses about finances.

7) Be honest. Cmon. There are notes on accounts per most calls. If you're saying the reason you can't pay is cause your mom died and we look at your notes and see that your mom has died every week for the past two years....We'll know. Honesty can also open up a lot more options for help.

8) Don't be a jerk. We're people, too. If a collector is a jerk to you, dont stoop to that level.

MissUpsetter

@MissUpsetter: It would be nice if telling the bill collector they've got the wrong number actually worked. Unfortunately, it does not. They assume you're lying and will keep calling back. Believe me, I have had enough experience with calls for people I never heard of to know that no bill collector takes "Wrong number" for an answer.

infmom

Collectors typically do accept someone's word when they are told they have the wrong number. Unfortunately, they go to a new source to try to find a new phone number and the "skip trace" vendor gives them the same old phone number, which they then call again, thinking they have a new number.

In addition to threatening a lawsuit, insist that the debt collector add your phone number to their "do not call" list, which will prevent ALL future calls to that phone number.

jsjoshua

@tabarro

it's actually illegal for debt collectors to knowingly call a cell phone, because it costs the owner of the cell phone money or minutes. Consider saying simply "this is a cell phone, I pay by the minute, if you call this number again you are in violation of the Fair Debt Collection Practices Act."

PS. The FDCPA defines very stiff penalties (i.e. they would pay you $1000) for this sort of behavior, and there are lawyers who specialize in this particular part of the law. Consider contacting one of them.

Tachyon0118

@taborro: Sue for harassment. Seriously. They were informed. Once is a mistake, twice is incompetent, three times is harassment.

Buran

Hi all ... I'm not a litigious-minded person, but as I'm learning the only thing that gets the attention of companies is legal action. Re: MissUpsetter ... I contacted Chase 3 times directly, they gave me "case numbers" and assured me it wouldn't happen again ... after a couple of weeks. I assure you, I was very pleasant and understanding to both Chase proper and many of their "bounty hunters". However, when I asked for THEIR names many times they would just hang up!!! And of course, they had a "private" number that you couldn't call back. (And BOO on Samsung and other phone makers that don't allow you to send calls from "private" numbers automatically to voice mail!) So, yeah, I get why you guys need to do that and I'm glad I'm not in that situation, but the next time it happens to me, I'm not going to play footsie for several months before I get it resolved.

taborro

Former debt-collector here.

In regards to litigation, consider the amount you owe before you threaten suit. If it is under the $3000 or more in legal fees it would take for your to follow through on your case, collectors aren't likely to take you seriously.

I'm glad Tachyon0118 mentioned the FDCPA. This law is your best defense against collectors. Learn it. It's quite outdated, and hasn't adapted to the changes in the way we exchange information today. Some of its antiquated language works in the debtors advantage. For example, as mentioned before, most contemporary interpretations of the law imply that a collector cannot knowingly call a debtor's cell phone, or any other device that when used would put the debtor into more debt.

Do you really want collectors off your back? Submit a "do not call" or "do not contact" request IN WRITING to the agency. Collection agencies must honor such a request.

The debt, however, doesn't ever go away on its own.

academiphiliac

@Missupsetter

Forgive my skepticism, but who are you...really? I used to work for a legal aid clinic, and was forced to reach the conclusion that the majority of debt collectors are lying, unprincipled douchebags...far more dishonest and predatory than the deadbeats they're pursuing.

Counterglow

Speaking from experience, on top of making the best payment you reasonably can, setting up an automated payment goes a long way to getting some leniency.
If you are having trouble negotiating reduced payments setting up a direct debit may swing the deal. However, I am usually loathe to set up a direct debit because it puts the recipient in control. Setting up a standing order is better.

Also laying out the details of your budget with your signature and address can help negotiate reduced payments because its a legal document and you are making it clear why you are having trouble making payments.

If possible, negotiate with recorded delivery letters or emails and keep a dated copy of all correspondence.

xenobyte72

The previous owners of my house apparently have a lot of debt. I regularly get phone calls from collectors, and nothing I say can convince them that I am not James or Tonya Brewer. When I point out that my phone number isn't the same, and ask where they got it, they tell me it's the number now associated with the address on file for the debtors. No surprise, the Brewers didn't bother to leave a forwarding address with their creditors.

What I don't understand is, if the collectors can find out my phone number by looking at my address, why can't they do a lookup of the address and find out that the property was sold to me years ago and their targets no longer live here?

EstherM

@Tachyon0118:

It's illegal for them to KNOWINGLY call a cell phone. In the past, this was easy for them to know since cell phones had specific prefixes. Now that consumers can port their cellphone number to a land line, and vice versa, there is really no easy way to know.

One thing that they CANNOT do is call before 8AM or after 9PM, or any other time that they would know to be inconvenient. They also cannot communicate with a thrid party about a debt, including leaving a message saying "This is Bob with ABC Collections, please call me..."

fhqwhgads

Please allow me to address some points of MissUpsetter's post:

First and foremost, I'm not an attorney and I don't play one on TV, so this should in no way be construed as legal advice.

#1: Never hang up... Better yet, don't answer the phone. Most successful debt collectors are trained in dealing with alleged debtors over the phone. They will do whatever it takes to get you to admit the debt, agree to make a payment, or even worse; set up a check payment over the phone. Any one of these actions will reset the Statute of Limitations. The Statute of Limitations (SOL) is the timeframe in which a legal action can be brought. If I remember correctly, it can be as short as 3 years in some states, or as long as 10 years in others. Most states have a 4 to 5 year SOL depending on what type of debt it is. Regardless of the SOL, if an alleged debtor admits a debt, promises to pay, or actually pays, the SOL is reset. You could have a debt that is 20 years old, and is way past the SOL - meaning the debt collector cannot legally sue you. But if the SOL is reset, then you are fair game.

If a debt collector attempts to contact you by phone, email, or any other method other than US Mail, mark it on your calendar, or document it somehow. By law, the debt collector has 5 days from their initial communication to send you a letter, referred to as a dunning. This letter must contain what is referred to as a mini-miranda which contains your rights as a debtor. One of these rights is states that you have 30 days, from the date of receiving the letter, to dispute the debt. If you dispute the debt within 30 days, the debt collector MUST cease all collection activities until they provide you with documentation to validate the debt. This documentation must be obtained directly from the Original Creditor (OC) AFTER your validation demand is received - not before. Validation includes a copy of the original contract with your signature on it, as well as a full accounting of the debt from inception to present date. Validation is NOT a print-screen from a computer, a photocopy of a single statement, or an "affidavit of debt". Ok, we're getting a bit off track here. You can stop debt collectors from calling you by including a line in your demand for validation that it is inconvenient for them to call you anytime, anywhere, and that ALL communication is to be done via US Postal Mail. Send your letter certified mail, return receipt requested (the green card that you get back in the mail).

#2 & #3: "If you can't pay the entire amount..." See number 1 above. If you request validation within 30 days, they CANNOT report you to a credit reporting agency until they validate the debt - which many cannot do. Make sure that you state in your demand for validation that you are not refusing to pay, you are requesting validation as required by the Fair Debt Collection Practices Act (FDCPA). If they are able to validate that you owe the debt, THEN you can make payment arrangements, if applicable. More on that later.

#4: Alot of companies DO have a hardship program, but if you're being contacted by a collection agency, then the OC has moved past that point. If a creditor determines that you aren't going to pay, they charge off the account (write it off as a loss), and sell your account to a collection agency for PENNIES on the dollar. Collection agencies commonly buy charged off accounts as a part of a portfollio of other charged off accounts. If one collection agency is unable to get you to pay, they will sell your account to another collection agency, and so on, and so forth. This is one reason you want to demand validation in writing. Once you do so within the initial 30 days, they cannot collect on the account, or sell it until they validate.

#4: I agree with the point about complaining. When you send your letters, be professional. If you happen to get caught on the phone with a debt collector, KEEP YOUR COOL! Debt collectors are trained to deal with and amount of abuse you can dish out. In many cases, they'll intentionally antagonize you because people are more likely to slip up and admit a debt when they are upset. If you do that, then you've just saved the collection agency the trouble of validating the debt.

#5: "Ask to get fees waived" Better yet, demand validation and find out if they can legally charge any fees. A debt collector can only charge fees and/or interest if it's included in your contract with the original collector, AND if it's allowed by state law. This is yet another good reason to demand validation. If a debt collector sues you and get's a judgement, it no longer matters what the original contract says.

#6: NEVER give a debt collector ANY banking or credit card information!!!! Once they have this information, they will continue to pull money out of that account until the debt is satisfied... if not more. Also, NEVER send a check payment! If you send a payment, send a money order.

#7: "Be honest." Same goes for you... This is another reason why you demand validation. This is the ONLY way to confirm if a collection has the correct debtor, correct amount, interest, charge-off date, last payment date, etc... People with common names probably know this situation all to well...

#8: "Don't be a jerk" Agreed, but don't expect us to send you a Christmas card or invite you up to the lake for the summer. Debt collectors, your ex-wife's divorce attorney, and the cop that pulled you over for speeding are all people that are disliked because they take your money. Keep your letters professional, and stay off the phone.

Ok, so that addresses most of those points. As stated in an earlier comment, the best way to avoid debt collectors is by paying your debts, and paying them on time. Unfortunately, that isn't always possible, and it isn't always the debtor's direct fault, especially in today's economy. People get divorced, get laid off, become disabled, lose their business, etc... If you end up in one of these situations, then you need to work with your ORIGINAL creditor BEFORE they send you to a collection agency. MissUpsetter's points work great with an orignal creditor, but not with a collection agency. Once an account is charged off to a third-party collection agency, there is usually no positive outcome to working with them. Even if you DO pay off the debt, it can STILL be reported on your credit report as a paid collection, which is no better than an unpaid collection.

Alright, so I'll summarize what needs to be done if you are contacted by a collector:

1. Stay off the phone, ALL contact should be in writing - Certified Mail, Return Receipt Requested.
2. Always demand validation, even if you know you owe the debt. Make them prove that they have the right person, amount, etc... it's your right under the law to demand validation. If this is the first letter you have received, and it's within thirty days of receiving the letter. A debt collector MUST cease all collection activity - phone calls, letters, inquiries and reporting on your credit report, selling the debt to another collector, etc... Additionally, debt collection agencies RARELY have the documentation to validate a debt, and original creditors typically destroy the original documentation after an account is charged off and sold. If you're beyond thirty days, you still need to dispute it so that you can complete #3.
3. Always include a line in your letters stating that it is inconvenient for them to contact you at any time and at any place, and that all communication is to be done via US Mail.
4. Obtain copies of your credit report from all three major Credit Reporting Agencies - TransUnion, Equifax, and Experian. There is also another CRA - Innovis, so get it from them too. DO NOT get your "free" credit report as this gives the credit reporting agencies more time to reinvestigate a dispute. Verify that everything on your reports is accurate, and dispute anything that isn't, including OLD addresses. Always send your disputes to the credit reporting agencies by mail. Never online, never by phone. Also, don't dispute any positive accounts. A credit reporting agency has 30 days to complete their reinvestigation of any innacuracies. If they cannot verify, they MUST delete it.
5. If you have disputed a debt from a collection agency within the initial 30 days, they CANNOT report or validate any debt with a collection agency before they validate it with you. In addition, if they are already reporting you to a credit reporting agency, they must mark the debt as being in dispute.
6. If you happen to get sued by a debt collector (including debt collection attorneys), ALWAYS ALWAYS ALWAYS submit an answer to thier lawsuit either through an attorney or by yourself (PRO SE). If you don't respond, or don't appear if necessary, the court will enter a default judgement against you, and then they can garnish your wages, attach your bank account, and/or take your stuff. Debt collectors make money through volume, not through long, drawn out, PUBLIC trials that cost alot of money, and have no guarantee of victory.
7. Do TONS of research. Read the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act. These laws exist to protect debtors from unfair collection practices. These laws include penalties of up to $1000 per action or per violation (depending on the law). Unfortunately debt collectors violate these laws left and right because for every 1 consumer that calls them on a violation, there are 99 others that just laid down without a fight.
8. Don't get too stressed over it. A debt collector cannot threaten to arrest you, threaten to take your house, or threaten any other action that they cannot LEGALLY take.

Please understand that the purpose of this guide is NOT to help you get out of paying your debts. This is a guide on how to protect your consumer rights by ensuring that you are actually the one that owes the debt, the amount is right, and it's within statute. Debt collectors will tack on interest, collection, late fees, etc... and in many cases, they cannot legally do so. They will always attempt to collect on a debt that's out of statute, and may even attempt to collect a debt that's already been paid. The ONLY way you can be sure everything is correct is by demanding validation in writing.

I have so much more that I can say about this subject. This is just an attempt at a summary. I hope that this information has been helpful, and I hope that none of you ever need to use it.

fhqwhgads

While it is occasionally enjoyable to rip on these bottom feeders of the financial industry, telephone nirvana can be achieved. VOIP lines are not listed for the perusal of debt collectors and changing your phone number only takes a couple minutes online.

Croaking_Toad

Is this article about first party collectors (internal to the card company), third party collectors (contract with original creditor to collect the debt) or a Bad Debt purchaser (bought the debt for pennies on the dollar from the original creditor)?

Best advice is of course, always pay your bills on time. Nothing better then not having to deal with collectors.

Next, know your rights. Debt Collectors (third party and debt buyers) are required to follow the FDCPA ([www.ftc.gov]). Some first party may also fall under these rules if your state has adopted laws that follow the FDCPA.

Once you know your rights, stay off the phone. First rule of dealing with debt collectors. Once your off the phone, handle everything with letters, Certified Return Receipt recommended).

Your initial letter should ask for validation of the debt. Make sure the agency is licensed in your state. The initial letter can also state that "All Calls to home and business numbers are inconvient at all times." If they want to deal with you, they do it through the postal system.

Be prepared. Know your rights, and when they are violated. Damages of up to 1,000 US can be awarded when your rights are violated.

A site that I have used to gain some knowledge in the past: [creditboards.com]

mac0101

my mom used the emergency room in a hospital, we got letters from debt collectors, and phone calls. but i told then they got the wrong number and ignore the letters. after a while all stopped. can anyone tell me what is going to happen afterward if we dont pay? it is less than a thousand. i heard that someone got sue and didnt go to court for some reason, then the collectors got the money directly from their bank account. is it possible?

claudiuslu1982

@claudiuslu1982:

Yes, creditors can sue you, but it is usually only after a bit of time, and as a last resort. If you don't respond to the lawsuit or still refuse to pay the debt, they can get a judgment against you to garnish your wages. My understanding, though, is that they have to sue you first and win. Depending on the amount of debt, that may or may not happen.

Cheers!

mwinslett

The same as others have said, know your rights. Read and understand the FDCPA and the FCRA. They aren't that long, and if you don't understand, get on CreditBoards and read some more.

Stay Off The Phone. Never, ever talk business to a debt collector on the phone. If they call you, find out who they are, and what their current address is. Verify that they have your correct address. Ask them to send you statement in the mail. Finally, tell them that you are giving them notice that they may not contact you by phone. Contact them only by letter and send everything certified with return receipt.

Immediately, within 30 days of their first contact to you, send them a letter asking for validation of the debt and restating what you told them on the phone (politely!). Keep everything they send you, including the post-marked envelope, neatly organized in a binder. Keep copies of everything you send them, with the return receipt from the copy you sent to them, in the same binder, in chronological order. Include separate pages for your notes about what is happening and why.

When they send the info, check it out to make sure it's valid and inside the statute of limitations for your locality (write your research down and include it in the binder). If the debt is older than the statute of limitations allows, they can't sue you for it (well, they can, but you can trivially get it dismissed), but you may still owe the money. Typically you just inform them that you've noticed that 'the' debt in question (not 'my' debt) is out of the statute of limitations and cannot be collected. They'll sell the debt to some other bottom-feeder and in a year or so you'll get another call about it. Repeat cycle. These generally come with a hefty discount, maybe as much as 70-80%. You could pay it, but if you do it is likely to show up on your credit report and hurt your rating for years. In this situation, it is best to just not pay them, IMO. The original creditor won't get a dime of what you pay anyway, you'll just be supporting the collector. Just think of it as a reminder of past mistakes and do better in the future.

If the debt is legit and in the SOL, make arrangements to pay it.

With each payment you send, request another account statement that reflects the payment, and be sure you get it before you send another payment. Never send a check, it has your bank account number on it. Never pay with a credit card. Send them a money order or a cashier's check only.

Many collectors are honest, but many are not. Don't give any of them a chance to screw you.

Debt collectors legally don't have to prove they sent you anything in the mail. If they can plausibly claim to have sent you something as a regular course of their business, then, legally, they did. Period. If you claim in court documents that you did not receive something they claim to have sent, then you are lying. There is a small chance you can get them on not sending something they should have, particularly if they have a questionable reputation, but generally you, as the consumer with something to gain by lying, will be the less credible party.

Know who you are dealing with. Major collection agencies have reputations, look around online and see what you can find. Small local agencies are usually collection lawyers working for local businesses.

If you have to go to court with a collections lawyer, get your own lawyer. The collector-lawyer will probably already have a good rep with the judges in your area and you'll look like a fool trying to represent yourself against them (remember, normal logic has no place in the courtroom, special rules apply, hire someone who knows how to play the game). It is possible to win if you represent yourself, but expect to spend, literally, hundreds of hours of research on it.

If you get calls from a collection agency looking for someone who does not live with you, first, before you tell them anything else, get the agencies name and address, and the name of the rep who is calling. Write it down somewhere safe, along with the date and time and your notes about what was said during the call. Then tell them they have the wrong number and to not call for that person again, and that you know both your rights and their rights as defined by the FDCPA. If they call again, tell them again, and send them a letter (certified, return receipt) explaining the situation. If they call a third time, explain that you have documented all the calls and will file a small claims case against them if they call again. Mail them the same thing.

They will stop calling. On the small chance that they don't, you'll file, then you'll ask for a summary judgment, then you'll collect your $1000 from them.

codesuidae

And to claudiuslu1982, pay your bill!

ajames

I'm dealing with the same issue. 11 months ago, I obtained a new phone number. Unfortunately, this number used to belong to three deadbeat losers - Koko Grier, Kristina Tryce and Kelly Tryce. I am constantly asking that my number be removed by debt collectors and attorneys' offices and I have to insist that my name not be given "for their records" because I certainly don't want to be associated with these scumbags. I am infuriated because I live a responsible, honest life and I have to waste my time on a weekly basis because of these people who are a complete waste of space.

ajames

By law your not obligated to deal with 3rd party bill collectors. The debt is already charged off as bad debt with the original lender. Collection agencys buy this debt for pennys on the dollar with the hope to collect it. They make money only if you pay them. Obviously just paying your bills is the way to avoid any financial problems. But if your one of the unfortunate ones there is a way. I won't go into detail here all I'll say is pick up the book "Back Off" By B.F. Dover. There's enough info in it to inform you and show you stop the harassment.

comndr