Myths and Facts About Debt Collection

March 24th, 2010 by Reed Allmand

Many debtors are intimidated by debt collectors who often cast themselves as these all powerful entities who can wreck havoc on a debtor’s life.  But the truth of the matter is that debt collectors aren’t as powerful as they seem, it’s just that many debtors’ lack of knowledge about their rights and the limitations of debt collectors make them vulnerable to debt collector tall tales.  Here are a couple myths and facts you need to know about debt collection:

Myth:  The debt collector is always right.  If a debt collector says I owe something then I don’t have a right to question them.

Fact:  The truth is that debt collectors are often wrong.  Many times debts have been sold and resold so often that they can “develop” errors.  Every debtor has the right to accurate information and has the legal right to request that a debt collector prove that the debtor in fact owes what they say they owe.  Also, the debt collector can be requested to prove that they are in fact authorized to collect on the debt.

Myth: The debt collector has the right to speak to me in a demeaning and humiliating way since I owe this debt and didn’t pay it.

Fact:  Debt collectors are prohibited by law from demeaning, threatening or otherwise harming debtors.  What this means is that a debt collector does not have the right to curse at you, yell at you or threaten you with harm.  They also do not have the right to threaten jail time if you don’t repay the debt.  A matter of fact, if you send a debt collector a letter requesting that they stop calling you they are required to cease calling.