与债务追收机构打交道时应了解的知识

任何遭受过追逐收款公司的侮辱和挫折的人都可以证明他们可以做到不屈不挠,不屈不挠和好斗。没有人喜欢负债累累,也没有人喜欢惹麻烦,但是如果您拥有托收帐户,就会被迫忍受这些问题甚至更多。

从今天开始摆脱债务。

致电800-420-9859。

首先,没有快速,简单且负担得起的方法来阻止创建这些帐户。您可能不希望听到此消息,但是逃脱这些机构之一的唯一方法是偿还债务或与债权人协商。但是,您可以做一些事情来限制麻烦并控制这些收集器。

收债员何时参与?

违约严重损害了借款人。它可以减少他们的 信用评分, leave a derogatory mark on their credit report, and make life difficult for at least the next few years. But defaults aren’t great news for lenders, either. They are costly, time-consuming—much more trouble than they’re worth.

如果您错过付款,您的债权人将尝试与您协商。如果他们认为再融资选择会帮助您付款,他们会考虑再融资选项,甚至宽限期。如果您不理会这些信件和电话,或者您始终不履行自己的义务,则债务将出售给收款公司。

Your original creditors may hire this agency to collect the debt on their behalf; they may sell it to them entirely, wiping their hands clean and cutting their losses in the process. In either case, it’s a very costly process for the creditor. If they are assigned the debt, they’ll charge a fee that can be as high as 60% of the total balance and they may also charge the creditor for every call they make and letter they send.

In other words, they are incentivized to hassle you, not only because it increases the odds of a collection, but because they’re increasing their bill every time they do so.

If the debt is purchased, it’s often for cents on the dollar and the older the debt it is, the cheaper it will be. As an example, time-barred debt, which is 超过法定时效的债务,是每美元债务仅几美分即可批量购买的。作为借款人,您需要牢记这一点,因为这意味着即使您同意仅支付一部分债务,该机构仍将从您的债务中获利。

Of course, many debtors won’t pay anything at all, and collection agencies have costs to cover—they won’t offer to clear your debt for a few bucks and a smile, but you probably have more room to maneuver then you think. 

什么是收款公司不允许做的事情?

每年,有更多的消费者向联邦贸易委员会(FTC)投诉收债员,这一现象比其他任何行业都要多。我们将在本指南中讨论《公平债务追收实务法》(FDCPA),目的是试图使它们受到控制。但是,他们所做的事情要么是在线的,要么是公然的。

他们是营利性公司,靠说服债务人付款而thr壮成长,而从这些债务人那里获得的钱越多,他们的利润就会越高。有些收藏家只是诚实,乐于助人和专业,而是少数。

收款公司不得做以下任何事情:

要求为政府工作

无抵押债务,例如私立学生贷款和 信用卡债务 is at the back of the line when it comes to collecting. It’s a different story with government debt though and collectors have been known to use this to their advantage and pretend to be from the government.  

在一些公开的案例中,收款人声称为联邦政府工作,吓debt债务人偿还债务,并且这样做的方式大大有利于该机构(全额清算,快速付款等)。

Unless you have a judgment against you or have declared bankruptcy, the courts and the government have no interest in your debt.

索赔后果

众所周知,收债员会威胁到逮捕,破产和其他严重后果,而实际上他们却无能为力。其中一些声称是出于愤怒和沮丧,当他们意识到自己的惯用言辞无济于事时,另一些则受到了调解。 

In any case, if there isn’t a judgment against you then they don’t have the power to arrest you. This applies even if the statute of limitations has not yet passed.

骚扰你

A debt collector can call you and send you letters, and they can also use the internet and other public information to track you down. However, they can’t threaten you, use profane language or call you at inappropriate times.

You can also contact them and request they don’t contact you at work or contact any of your loved ones. As soon as this letter is received then they must obey it.

公开您的债务

债务很普遍,成千上万的美国人正为之苦苦挣扎,但债务仍然令人感到羞耻,许多债务人默默地遭受痛苦,没有告诉他们的朋友或亲人。众所周知,收债员会用这种手段来对付他们,威胁要公开未偿还债务的债务,甚至与亲人联系。

A debt collector can contact friends and loved ones to track you down, but they can’t continue to contact them if you explicitly tell them not to, and they can’t provide them with details of your debt. They definitely can’t announce your debt in any public forum and if they threaten to do so then they are either posturing or are about to commit an illegal act. 

收款公司可以做什么?

The Federal Trade Commission has placed collection agencies on a pretty short leash, but they do still have some power and the things they are allowed to do might surprise you:

尝试收回过期债务

If the statute of limitations has expired, a collection agency can’t sue you for a debt and you’re no longer legally responsible for it. However, that doesn’t mean they have to stop chasing you for it. They will still contact you and insist that you repay the debt, maintaining that you have a moral obligation to do so, even though the original creditor probably won’t see a single cent of the payment.

If you agree to their demands and offer to repay some of the money or sign a contract, you may void the statute of limitations and become responsible for the debt again.

告你

如果托收代理机构无法通过与您协商来收回债务,则它们可能会对您提起诉讼。这是最后的选择,因为这是一个漫长且成本高昂的过程,但是如果债务足够大且消费者固执己见,他们就会这样做。

卖掉你的债务

Your creditor may sell your debt after just a few months, at which point a collection agency will take over. But that doesn’t mean that your debt will disappear if that agency can’t collect. They are well within their rights to sell the debt to someone else, which will restart the collection process and could potentially produce more phone calls, letters, and requests.

Don’t assume that you’ve dodged a bullet just because one agency has left you alone. If the debt has yet to pass the statute of limitations, there’s a good chance you won’t have heard the last of it.

如何与收债公司打交道

与收款公司打交道时,请牢记以下几点:

  1. 公平,友好和坚定: Debt collectors may be seeking to claim money you don’t have, but ultimately, they’re just doing their job and operating within the confines of the law. They’re also human, and if you’re short and aggressive with them, they’ll reciprocate. Be friendly, but don’t let them run over you, and as soon as they change their tone and become aggressive, you can change as well and show them that you’re not going to be pushed over.
  2. 了解您的权利: As soon as an account goes into collections, a debt collector will try to contact you. At this point, you need to check local laws concerning fair practices and statute of limitations to stay informed about what they can and can’t do.
  3. 不要相信他们: If they say something that sounds dubious, don’t accept it as fact. Tell them that you will look into it and leave it at that. You don’t need to make decisions on the spot, and you should never accept anything they say as fact without backing it up first. They may use scare tactics to convince you to pay debts that have passed their statute of limitations or to accept larger settlements/repayments than you can afford.
  4. 保持纪录: If possible, record all conversations you have with debt collectors and request all official offers and statements in written form. That way, if things turn sour then you have more than just your word to back up your side of the story.
  5. 不要让他们的生活变得轻松: Remember, while debt collectors are there to do a job, they’re also seeking massive profits. They’re relying on you rolling over and agreeing to their terms so they can collect a massive profit. Don’t make life easy for them. When dealing with debt collectors you need to stand firm, make it abundantly clear that you don’t have much money and can’t afford big settlements. They’ll get the idea eventually and will offer a favorable deal.

为什么你不应该忽略他们

您不应该忽略托收代理机构的主要原因是他们可以起诉您。实际上,这几乎是唯一的原因,但这是一个很大的原因。如果发生这种情况,那么您将受到律师费和判决的打击,这将使您的处境更加糟糕,而且成本更高。

如果债务还没有到期,那么您应该在收款公司联系并以坚定,专业和冷静的方式与收款公司联系时作出回应。与收债员打交道并不总是像您想像的那样困难或可怕。许多人只会寻求建立和解或付款计划,然后确保继续执行。 

与他们打交道的步骤是什么?

Be very careful how you deal with a collection agency. Keep these steps in mind when dealing with them:

不付任何钱

They will try to pressure and scare you into paying when they first contact you. This is when they are at their strongest, as they have the advantage of surprise and have caught you unawares. They will pull out all the stops to convince you to pay some or all of the debt, but as soon as you do then you’re acknowledging it and that can have serious repercussions for you.

相反,要求提供有关债务的更多信息。他们必须提供这些信息,并且与他们可能会说的相反,您没有法律义务迅速或在特定时间范围内向他们付款。如果债务不是您的债务,则您有30笔债务以书面形式提出异议。

研究事实

代理机构应向您发送有关债务规模,原始债权人和负责债务人的详细信息。每年,FTC收到成千上万的消费者投诉,要求消费者偿还他们不负责的债务。 

They may have the wrong person; they may be asking you to take responsibility for the death of a loved one (see our guide to 死后会发生什么债务) or they may be chasing a time-barred debt. In all cases, you may not be legally obliged to pay.

了解您的权利

While debt collectors are forced to adhere to strict codes of conduct, we’re still talking about for-profit companies here and most of them are staffed by collectors who are very good at pressuring consumers into paying.

Only by knowing your rights can you avoid these tactics without denying them any legal privileges. We have discussed all of these rights in this guide, so read it through before you next deal with a collection agency.

谈判

Once you have established that the debt is yours and has not expired, you can negotiate payment. As mentioned already, they purchase these debts cheaply and are typically very happy to negotiate a massively reduced settlement, going as low as 20% to 30% of the original amount. You can also negotiate a payment plan or give them a post-dated check, but in most cases, they are only interested in a straight-up settlement.

After all, you don’t exactly have a perfect history when it comes to meeting monthly payments and staying on top of your debt obligations.

了解您与收藏家的权利

We’ve covered most of what you need to know with regards to what a debt agency is allowed to do and how a debt appears in your credit report, but it’s worth clarifying your rights when dealing with an original creditor and/or a debt collector. 

收债公司需要提供什么信息?

By law, a debt collector is required to provide you with all the following information on a debt they are seeking a collection for:

  • 原始债权人的名字。
  • 欠款总额。
  • The name and address of the creditor (including previous details if they have changed).
  • 您有权在30天内对债务提出异议。

What are the Rights Guaranteed to Consumers Under the Fair Debt Collection Practices Act (FDCPA)?

《公平债务追收实务法》(FDCPA)在与收债员打交道时保护您的权利。我们在本指南中讨论的所有与禁止代理机构有关的内容均来自此行为。如果您认为收债员违反了此规定,则可以 向FTC报告.

您也可以向 消费者金融保护局.