It might seem like common sense advice to take notes whenever you deal with people over money matters, but with debt collectors it can be even more important because it’s as much a discussion about getting you to pay money as it is about manipulating the communication process to get you to pay. Many of the methods debt collectors you are harassment if they’re not downright illegal as well. Whether the punishments are sufficient to deter the behavior is a whole different problem altogether. Here’s why you should take clear notes when talking to debt collectors.
First, your lawyer can build your case against the debt collector if it breaks the law. You might be eligible for compensation by the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). The notes can help your lawyer draft a complaint and allege that specific facts and acts occurred at specific times and places, bolstering your case.
Similarly, if the debt collectors sue you, then your notes can serve as evidence of what happened in the conversations you had. Rather than relying on your memory alone, you can use the notes to “refresh your recollection” of what happened.
Third, as stated above, some debt collectors will use manipulative tactics to get you to pay them. For example, they may change your words to make it sound like you said something you didn’t say. They may say you offered to pay more than you did, will pay earlier, or they may offer you options in one conversation that they don’t in another.
Finally, taking notes might work better than recording calls (have you ever read the transcripts from Internet voice transcription software?). There are issues of consent involved, and it’ll take a while to transcribe the conversation when you’ll spend less time overall just taking notes. You can always make the agent repeat what he or she said, and you can always pause before speaking.
What should you write down? In the following order:
- Dates and times of all phone calls
- Identity of the debt collection company
- Identity of the agent
- Specific options the agent offered
- Anything you counter-offered
Obviously the fewer extraneous comments you make the better because collectors can’t use that against you.
For more questions about dealing with debt collectors, bankruptcy, the automatic stay, effective strategies for dealing with foreclosure, and protecting your assets in bankruptcy please feel free to contact experienced fair debt collection practices act Bruce Weiner for a free initial consultation.
