Yes, a creditor can still take you to court even if you're making payments, especially if payments are inconsistent, too small, or if they want to formalize a payment plan through a court order like an instalment order, but making payments as agreed in a formal court order usually protects you from further enforcement actions like wage garnishment. Creditors often sue to get a judgment for the full amount and then seek court orders (like wage attachment or seizure of assets) to force payment, but if you're paying faithfully under a court order, they generally can't.
Debt collectors start by contacting you to ask for payment and explain what happens if you don't pay. They can take you to court to recover the debt plus costs and interest if negotiations fail.
Creditors, entities to whom money is owed, have specific rights that allow them to seek repayment from debtors, ensure fair treatment in the process, and recover what is due to them.
The "777 rule" in debt collection, also known as the 7-in-7 rule, is a guideline under the CFPB's Debt Collection Rule (Regulation F) that limits how often debt collectors can call you: generally no more than seven times in seven days for a specific debt, with a mandatory seven-day waiting period after a phone conversation before another call. This rule, established by the Consumer Financial Protection Bureau (CFPB), aims to prevent harassment by setting presumptions for acceptable call frequency, applying to personal debts like credit cards and medical bills.
The worst a debt collector can do, which is also illegal, involves using force, severe harassment (like calling at all hours, abusing you, or telling others about the debt), deception (fake court letters), threatening illegal actions (jail time, which isn't possible for most debt), or taking unfair advantage of vulnerabilities like age or illness; they can't trespass or take your property without a court order, but they can pursue legal action leading to wage garnishment, asset seizure, or bankruptcy as a last resort.
Special debts like child support, alimony and student loans, will not be eliminated when filing for bankruptcy. Not all debts are treated the same. The law takes some debts very seriously and these cannot be wiped out by filing for bankruptcy.
You never want to give the debt collector personal information about your finances and assets, such as your Social Security number, your bank account number unless making a payment, your income, or the value of your assets.
Use this 11-word phrase to stop debt collectors: “Please cease and desist all calls and contact with me immediately.” You can use this phrase over the phone, in an email or letter, or both.
Unethical (and illegal) tactics debt collectors use – and how to push back
DIY Debt Settlement: How to Negotiate with Creditors
Once your debt has been sold you owe the buyer money, not the original creditor. The debt purchaser must follow the same rules as your original creditor. You keep all the same legal rights. They cannot add interest or charges unless they are in the terms of your original credit agreement.
Depending on how much you owe, your current monthly contributions towards the debt, and the length of time the debt has been held for, you may be able to negotiate a settlement figure of around 30% of the total amount owed. However, some creditors will take a much harsher view and will expect a figure closer to 70%.
What can debt collectors do? Debt collectors do not have any special powers to collect a debt.
So, if you want to bypass a debt collector, contact your original creditor's customer service department and request a payment plan. They may be willing to resume control of your account and put you on a flexible repayment plan.
If you're taken to court, a court order will be made. This will say whether you need to pay the debt. If you need to pay the debt, the court order will also say how much you need to pay and when you need to pay by.
use overbearing tactics or abusive language. harass or contact you at unreasonable times or more than is needed. mislead or deceive you. take unfair advantage of you because of illness, disability, age, illiteracy, or lack of understanding of the law.
The worst a debt collector can do, which is also illegal, involves using force, severe harassment (like calling at all hours, abusing you, or telling others about the debt), deception (fake court letters), threatening illegal actions (jail time, which isn't possible for most debt), or taking unfair advantage of vulnerabilities like age or illness; they can't trespass or take your property without a court order, but they can pursue legal action leading to wage garnishment, asset seizure, or bankruptcy as a last resort.
If you do not want to deal with debt collectors on the phone, there is an easy exit door available: Send them a cease-and-desist letter by certified mail that says you no longer want to be contacted by them.
Here are some of the biggest consequences of ignoring debt collectors: - Your credit score will fall, which makes it harder to get new credit and sometimes even employment or housing - Debt collectors may get more aggressive in trying to contact you or your friends or family (though they're limited in what they can say ...
The 7-in-7 rule, established by the Consumer Financial Protection Bureau (CFPB) in 2021, limits how often debt collectors can contact you by phone. Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt.
Don't give a collector any personal financial information. Don't make a "good faith" payment, promise to pay, or admit the debt is valid. You don't want to make it easier for the collector to get access to your money or do anything that might revive the statute of limitations.
A "609 dispute letter," often mischaracterized as a means of getting negative information removed from a credit report, is a name sometimes applied to a formal request for disclosure of credit information compiled by one of the national credit bureaus (Experian, TransUnion or Equifax).
5 Things Debt Collectors Don't Want You to Know
Choose Your Debt Amount
Credit cards are convenient, but if you don't stay on top of them, your debt can get out of control. If your credit card debt has reached $30,000, that should be a big-time wake-up call.
Dispute When Necessary: If you believe the debt is inaccurate or not yours, it's important to dispute it in writing within 30 days of receiving the validation letter. This will halt collection efforts until the agency can substantiate their claim.