Before you engage in any conversation with a debt collector, you'd be well-advised to familiarize yourself with the Fair Debt Collection Practices Act, which requires that debt collectors treat you fairly and refrain from certain behaviors and methods of collecting debt. It also establishes your rights and options in debt situations. Here are some suggestions regarding what to do should you find yourself in debt and receiving contact from a debt collector.

• When a debt collector calls, they may try to take you off guard. Whether you actually owe the money or not, they'll make the situation sound more much urgent than it really is. First of all, be sure to ask for the caller's name and telephone number. Also, ask questions such as these: How much is owed? Who is the creditor? What date was this debt incurred? The caller may or may not provide answers to your questions. After you hang up, check your credit report to determine if, in fact, you do owe money and what creditor shows the debt and for what amount.
• A debt collector's sole mission in life is to 'harass' you in some manner until payment is made. You should be aware of and prepare yourself for this at the outset. When you talk to them, use a calm voice and keep your composure. Don't get excited – such behavior will only aggravate the situation. Record all calls you receive from them, but be sure you notify the caller that you'll be recording the conversation. If they threaten you, you can turn the recording over as evidence to your District Attorney or the Federal Trade Commission (FTC).
• If a debt collector calls your boss at work about a debt, a letter should be sent to them via certified mail, return receipt requested, stating that they are to cease calling your boss or anyone else about you. If you no longer want them to call you at home, a similar letter stating your desire should be sent. Under the law, they must abide by such written notifications. Once they receive your letter(s), they can contact you only once more (and that by mail) to notify you of any further actions that they either may or will take.
• If you owe the debt, you most certainly should pay it, but only based on what you can afford to pay. Therefore, when negotiating, you may have to tell the debt collector that you'll pay down the debt and give them the precise amount you can afford. Keep in mind that you have food, housing and other necessities that must be given first consideration. This process will go a long way toward dissipating their need to continually harass you for money.
• If you just can't afford to make a payment one month, call the collector and advise them of such. Keep records of all your conversations with them, the ones initiated by you as well as by them. There's very little that they can do as long as you're paying down the debt and keeping in touch with them at the same time. This takes the proverbial 'wind out of their sails.' And never stay on the phone with any debt collector who's abusive or threatening. Hang up, and then use your legal ammunition.

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