Many people are completely shocked to find that they owe a debt collector thousands of dollars from an old debt that was paid off many years ago. But thanks to the Fair Debt Collection Practices Act, you have some rights when it comes to dealing with debt collectors, and knowing them could end up saving you tens of thousands of dollars in legal fees and court costs. To help you learn your rights, we’ve put together this handy guide on how to beat debt collector in court, so read on if you want to know how you can win against a debt collector and stop harassing phone calls once and for all.
Understand your rights
Debt collectors are allowed to call you up to 8 times a day, but they aren’t allowed to harass or threaten you. They can’t call before 8 AM or after 9 PM, and they can’t use obscene language. If debt collectors break these rules, write down the time of the call, what was said and who said it, and what company the collector is with.
Show up to your court date
The first thing you want to do is show up to your court date. Â If you don’t, the judge will most likely rule in favor of the debt collector, and this can seriously ruin your credit score. Â If you do show up to your court date, be sure to have evidence backing up your argument. Â Evidence includes things such as bank statements, pay stubs, copies of creditor letters, and other proof that shows you are working on paying off the debt.
Prove the debt is not yours
If you owe money and are contacted by a debt collector, the first thing to do is find out if the debt is yours. The best way to do this is to contact the company that issued the debt (i.e., the credit card company). Send them a letter requesting verification of the amount owed and when it was incurred. If they refuse to provide you with this information, then they are not allowed to collect on your behalf.
Object to the collector’s evidence
You have a few options when it comes to responding to the evidence that the collector presents. One is to simply not respond, but this can be seen as an admission of guilt and may result in you being taken to court. Another option is to object, which means you are saying that the evidence presented by the collector does not meet legal standards for proving their case against you.
Cross-examine the debt collector
No one wants to hear from a debt collector, especially if you owe them money. But this is the only way they are able to collect on what you owe. The debt collector has certain rules and regulations when it comes to collecting debts. For example, they can’t call you before 8 AM or after 9 PM, nor can they call at work without your permission.
Conclusion
It’s important to remember that if you owe a debt but cannot pay it back due to financial hardship, the debt collector may be willing to negotiate with you. The last thing you want is for the debt collector to take legal action against you. If this happens and you cannot afford an attorney, it’s best to hire one as soon as possible before the court date.
