Dealing With Debt Collectors
by: Wyoming Legal Services - Lander Office
Q: What are some rules for dealing with debt collectors?
A: Do not let debt collectors pressure you into making deals that don't work for you. Do not let them pressure you into making the wrong choices about what bills to pay first.
If you need help deciding which bills to pay first, see
If You Have Money Problems: Which Bills to Pay First
Q: How can I stop calls from debt collectors?
A: The simple way to stop calls is to write a letter asking bill collectors to stop calling. The law says they have to stop when you ask in writing. Click here for sample letter.
Q: What should I put in my letter?
A: In your letter be sure to tell them of any billing errors. Also, tell them about any of the ways they have been abusive or have not obeyed the law. Be sure to sign and date your letter. Be sure to keep a copy of the letter.
Q: How should I send my letter?
A: It is best to send your letter "registered" or "certified" mail. Sending your mail one of these ways will let you prove that your letter was received.
Q: What are some other ways to get debt collectors off my back?
A: There are lots of ways to get them off your back. Here are some.....
Nip it in the bud
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When you can't pay all your bills, call the creditor to explain what's going on.
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Tell them that you have to pay your rent and power bills first.
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Give a date when you think you can start paying and how much.
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Don't over promise! It's best to say what you can really do and then do it.
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By talking with the creditor first, you may avoid being turned over to a collection agency who may be less willing to let you pay what you can.
Have a lawyer write a cease letter
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You don't need a lawyer to write one of these. But, if your own letter doesn't stop them from calling, a letter from a lawyer might.
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Also, having a lawyer is another reason they have to stop calling you.
Work out a payment plan
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If you decide to work out a payment plan, you should only agree to a plan you can afford.
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Your plan should be one that reduces the debt.
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Don't agree to even small payments if it means you won't be able to pay rent or power bills or buy food.
Complain about billing errors
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Bills can be wrong. If a bill contains a mistake, you should write and ask that it be fixed.
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Catch billing problems on time! Look at your bills as soon as you get them! To be safe, write a letter within 28 days of getting your bill.
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They must stop calling while they check the mistakes.
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If your account is on a credit card, you have 60 days after getting your bill to complain about mistakes.
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Be sure to sign and date your letter. Be sure to keep a copy for your records.
Sue the Debt Collector
The law says you can sue if they violate the law.
Click here to learn about small claims court.
Click here to find out more about using lawyers.
If your creditor is in a different state you may have to sue in that state. This is something a lawyer can help you figure out.
File Bankruptcy
This may be a way to stop collection efforts.
Before deciding to do this, you should consult with a lawyer. He or she can tell you if it would be right for you.
Complain to the Officials
Mail any complaint you have to: The Federal Trade Commission, Bureau of Consumer Protection, Washington, DC 20580.
Also mail a complaint to: Consumer Affairs Division, Wyoming Attorney General's Office, 123 Capitol Avenue, Cheyenne, WY 82002.
You can also call at 1-800-548-4945.
Be sure to send a copy of any complaint letter to the collector!
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