How to Deal with Debt Collectors! - YouTube

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We'd like to thank Audible for supporting PBS.
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It can happen a million ways.
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Maybe you lost your job and had to choose a utility charge to ignore.
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Or maybe you’ve developed a serious health condition and now you’re stuck with a whopping
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medical bill.
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Or maybe...you just forgot to change your address and a bill went to the wrong place!
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At some point in your life, you might find yourself having descended to another world
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known as debt collections.
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And you wouldn’t be alone down there.
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In 2019, the CFPB reported that more than 1 in 4 Americans have a debt that’s currently
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in third party collections.
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But there are actually different levels to this world with different opponents and obstacles
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to face.
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They each require a different set of strategies to make it through with your dignity and finances
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intact.
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So today we’re going to be your personal guides to the 4 levels of debt collection.
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This whole situation probably began when you passed the 30 days late mark on paying a debt
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or a bill.
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At which point they probably sent you a notification which you may have ignored or missed.
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Welcome, you’ve now entered the first level of the debt collections process.
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Technically, your lender can report this late payment to the credit bureau right after you
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pass the 30 day mark, but many will continue to give you grace for an extra 30 days.
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This is a critical juncture where you have the power to stop your descent.
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Believe it or not, your lender WANTS to have a good relationship with you.
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Fighting you by putting your debt further down the levels of collections is costly,
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so being proactive and up front with them is the best way to go.
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Ideally, the moment it becomes clear you can’t pay a bill when it’s due, call them, explain
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the situation.
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You might be able to get on a plan and prevent yourself from sinking lower.
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Once you pass the 60 day mark, things start to heat up.
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You might get one of those notifications on your phone from a credit-tracking service
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telling you your credit score dropped by as much as 100 points!
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That’s also when you’ll start getting calls and more letters trying to collect the
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payment.
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Let’s think of this as level 1.5 because during this time, you’re most likely dealing
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with the original creditor and while your credit may have taken a hit there’s still
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a very high chance you can negotiate directly with them.
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Once you get to the point where the debt is 90 to 180 days late, you have crossed the
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River Styx and are solidly in the second ring of collections hell.
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The original lender has written you off as a lost cause and “charged off” your account.
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If it hasn’t already, your credit score is going to tank and you’ll probably start
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getting some aggressive phone calls from new people.
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This is because many lenders will bring in a third-party “Collections Agency” acting
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as a middle man.
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Their aim is to get you to pay as much as possible as fast as possible.
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It’s not uncommon for the person on the phone to earn a commission between 25% - 45%
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of the amount you pay, hence the urgency you might sense in their voice.
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But remember, it’s not too late to negotiate your balance down!
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Experts say it’s not uncommon to end up settling for 30 - 70% of the original balance.
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So start your negotiations with a small amount, and see how flexible they are.
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Also, here’s a pro-tip, call them at the end of the month.
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Most collectors work on monthly quotas.
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And they may be more amenable to a deeper discount as the end of the month approaches.
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But don’t make them any offers until you have received a “debt validation letter”.
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Collectors are required to send these within 5 days of initially contacting you, and it
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will detail what the debt is and how much you owe.
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Make sure to check this against your records -- you don’t want to pay a debt that isn’t
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yours or to a company that can’t prove they actually own it.
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You also don’t have to go through this process alone.
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Once you’re past that first level of collections, reaching out to a non-profit debt-counselor
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can be an incredibly helpful move, especially if you have lates with multiple lenders.
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These situations can get very tricky and the rules can change depending on your specific
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situation.
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It might not even cost you anything.
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All agencies certified by the National Foundation for Credit Counseling will offer free credit
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counseling sessions.
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After the 180 day mark, the bank, medical provider, or credit card company may give
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up trying to collect through the collections agency.
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Phew!
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You’re off the hook now, right?
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Probably not.
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Instead of writing off your debt as a total loss, they will often SELL your debt to a
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“Debt Buyer”, hoping to make a little of their money back.
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This means you’ve arrived at the third and often final level: the realm of debt-buyers.
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These companies will bid to buy bundles of “bad-debts” at a steep discount.
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For example, if you had a $1,000 debt that was sold to a debt-buyer, odds are they only
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paid $20 or $30 for it.
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Debt-buyers only expect to collect 3-6% of the balances they own, so keep that in mind
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as you negotiate.
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Again, low-ball first and see where it gets you.
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And be sure to not give them personal information up front; let them tell you what they have
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on you.
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This can protect you against shady collectors and con artists.
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You also need to be careful about reviving an old debt that’s past the statute of limitations!
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Collectors have a limited window of time in which to sue you for debts, depending on the state.
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Here in Texas, it’s only 4 years--from the date of your last payment!
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So if a collector can convince you to make a payment on a debt that’s 3 years and 11
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months old, the clock resets!
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So I know what you must be thinking...wow!
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I can just wait it out a few years and my debt will go away!
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And yes, some old debts will fall off your credit report after 7 years.
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But, remember, your credit score and history are constantly being checked by utilities,
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rentals companies and even employers.
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So unless you plan on not making a single move in living or employment situation for
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7 whole years, you should attempt to deal with it.
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Debt buyers can often be the toughest and most aggressive in their communication.
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Be sure to review the Fair Debt Collection Practices Act so you know what they are and
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aren’t allowed to do.
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Calling you late at night, contacting family members, or threatening you with arrest are
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all strictly forbidden.
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Debtors prison is not a thing anymore.
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You cannot be thrown in jail for a debt.
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And if you ask them to stop calling you at work, they are supposed to respect that request.
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If a collector is violating these rules, you are entitled to submit a complaint to the
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CFPB website and your state’s attorney general’s office.
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Sometimes though, instead of ending up with a debt buyer, the original creditor can choose
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to take you to court.
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Since they’ll have to pay an attorney, they’re unlikely to do this over small balances.
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But if you ever do find yourself on the receiving end of a summons, do not ignore it.
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Not showing up to court means that the other side wins automatically and will have the
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right to do things like garnish your wages or seize assets.
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At this point, it’s best to seek professional legal advice.There are organizations that
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will provide legal aid to debtors for little to no cost.
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Again, speaking with a local debt counselor is a good place to start.
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As you can see, the landscape of collections changes depending on the level you find yourself in.
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So it’s important to adjust your tactics accordingly.
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And remember, the lower you go, the more likely collectors will benefit from preying on feelings
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of shame and confusion.
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Don’t give them the upper hand by losing your temper, playing loose with facts or being
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afraid to ask for help.
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That way you can beat the heat and claw your way back to the surface.
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And that’s our Two Cents!
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Have you ever dealt with a debt in collections?
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Tell us about it in the comments!