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Bad Debt Collection: What Are Your Rights?

Bad debt collection is one of the most common reasons that collectors will call you. If you have bad credit, these collectors may call if you miss a payment, stop making payments or exceed your credit limit.


The calls are annoying and often very hard to avoid. However, do you have rights against this type of situation? When it comes to bad debt collection, keep in mind that lender’s hire outside companies to collect this debt from you because they are owed it. Therefore, you should make every attempt possible to repay.

Yet, the law does protect you in several ways.

When you are going through bad debt collection, this means that the lender you owe the money to, for example a medical debt, has turned over the account to a third party, which is the debt collector. In some cases, they work hand in hand with the original lender while in others, they now own your debt and you must repay them.

In either situation, you will need to work with, talk with and make payment to the collection company rather than the original company.

When a bad debt collection occurs, it is up to you to make the situation go well. Here are some tips:

• If you tell a debt collector that you cannot receive phone calls at your place of employment, they are no longer able to call you there. Therefore, if they do call you at work, let them know that you cannot receive phone calls at work and to remove that number from their records. They legally must comply.
• If you know you have bad debt collection, the best way to get the collectors to stop calling is to talk to them. Let them know what is happening with your financial situation, including if you are having problems with all expenses or just this one. More than likely, they will arrange to contact you again in the near future.
• Find a plan. Unlike your original lender, most bad debt collection accounts can be reconfigured into more affordable payments. For example, while your original bill from the doctor’s office was to be paid in full in one payment, most collectors will take a smaller payment over time to get the debt repaid.

Instead of avoiding the bad debt collection calls, talk to the callers. Most are pleasant and understanding, especially when you are honest and upfront with them. They may be able to help you settle the debt for less than you owe, too.

The law protects you from abuse from them, but it is your job to talk with them, too.



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Elizabeth Kingsley-Young, 57, runs a San Tan Valley firm called Insight Investment Group LLC that offers to help people with poor credit and previous foreclosures fund new-home purchases through private equity loans. All for an up-front fee.

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I'm in a bad situation. I have bad credit. My bills are due, and I don't get paid for two weeks. I need help. Where can I turn to? I can pay someone back, just as soon as I get paid.”—There are people in dire financial situations, who do not have ...

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