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Dealing with debt collectors can be intimidating and stressful. While many people’s first instinct is to avoid their calls entirely, there are specific situations where engaging with debt collectors can be beneficial – and others where it’s best to proceed with extreme caution. Knowing when and how to navigate communication with debt collectors is crucial in order to protect your rights in the process.
When you should consider talking to them
The decision to engage with a debt collector depends on several factors. A few reasons wherein speaking with a debt collector can be productive include:
- The debt is legitimately yours and you want to resolve it
- Being proactive can help prevent legal action and potentially allow you to negotiate better terms.
- You believe there’s an error
- If you suspect the debt isn’t yours or the amount is incorrect, you’ll need to dispute it – which requires some communication.
- You’re ready to negotiate a settlement
- If you have the means to pay a portion of the debt, you may be able to settle for less than the full amount owed.
- You want to stop harassment
- Under the Fair Debt Collection Practices Act (FDCPA), you can request that they cease contact – but you’ll need to communicate this in writing.
When you should avoid talking to them
Avoid direct communication if:
- You’re not sure if the debt is yours
- Request debt validation first before engaging in any discussions about payment.
- You’re being harassed or threatened
- Document these violations of the FDCPA and consider reporting them to the Consumer Financial Protection Bureau (CFPB).
- The debt is past the statute of limitations
- In some states, making any payment or acknowledging the debt can restart the clock on old debts.
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How to prepare before speaking with debt collectors
Before engaging with a debt collector, take these essential preparatory steps:
Know your rights
- Familiarize yourself with the FDCPA.
- Understand your state’s statute of limitations on debt.
- Know that you have the right to request debt validation.
- Remember that you can request they stop contacting you.
Gather information
- Review your own records about the debt.
- Check your credit reports.
- Have a pen and paper ready to document the call.
- Keep a file of all correspondence.
Set communication boundaries
- Consider requesting communication in writing only.
- Know that collectors cannot contact you at inconvenient times.
- Understand that they cannot discuss your debt with others.
What to say (and not say) to debt collectors
A few tips and suggestions to keep in mind for if/when you speak with a collector.
DO Say These Things:
- “I need all communications in writing.”
- This creates a paper trail and gives you time to review information carefully.
- “Please provide debt validation.”
- Request a written notice that includes the amount owed, the name of the original creditor, and your right to dispute.
- “I’m recording this call.”
- If your state allows it, recording calls can protect you from harassment or misrepresentation.
- “I dispute this debt.”
- This requires them to stop collection activities until they provide validation.
- “Here’s my financial situation…”
- If negotiating, be honest about what you can afford but don’t provide unnecessary details.
DON’T say these things:
- “Yes, this is my debt.”
- Don’t acknowledge the debt until you’ve verified it’s yours and still legally collectible.
- “I’ll pay whatever I can.”
- Don’t make promises about payment without a clear, written agreement.
- “This is my bank account number…”
- Never provide banking information over the phone.
- “I’ll put this on my credit card.”
- Don’t take on new debt to pay old debt without careful consideration.
- “My friend/family member will help pay this.”
How to document all communications
Maintain detailed records of all interactions:
- Date and time of calls.
- Name of the collector.
- Company name.
- Phone number.
- Content of conversation.
- Any agreements made.
- Copies of all written correspondence.
- Records of any payments made.
Negotiating with debt collectors
If you decide to negotiate:
Start low
- Begin with a lower offer than you’re willing to pay.
- Typically 30-50% of the total debt can be a starting point.
Get everything in writing
- Never make payments without a written agreement.
- Ensure the agreement includes all terms and conditions.
- Keep copies of all payment records.
Don’t provide bank account access
- Use money orders or a dedicated account for payments.
- Never give authorization for automatic withdrawals.
The bottom line
Remember that debt collectors are doing their job, but you have rights. Stay professional but firm in your communications. Don’t let emotions drive your decisions, and always prioritize getting everything in writing. If you’re overwhelmed, don’t hesitate to seek professional help – the cost of professional guidance often pays for itself in better settlement terms and peace of mind.
There’s always JG Wentworth…
If you have $10,000 or more in unsecured debt there’s a good chance you’ll qualify for the JG Wentworth Debt Relief Program.* Some of our program perks include:
- One monthly program payment
- We negotiate on your behalf
- Average debt resolution in as little as 48-60 months
- We only get paid when we settle your debt
If you think you qualify for our program, give us a call today so we can go over the best options for your specific financial needs. Why go it alone when you can have a dedicated team on your side?
SOURCES CITED
Gomez, J., Beggin, R., Jansen, B., “Consumer Financial Protection Bureau ordered to stop work: What to know about the agency.” USA Today. February 9, 2025.
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* Program length varies depending on individual situation. Programs are between 24 and 60 months in length. Clients who are able to stay with the program and get all their debt settled realize approximate savings of 43% before our 25% program fee. This is a Debt resolution program provided by JGW Debt Settlement, LLC (“JGW” of “Us”)). JGW offers this program in the following states: AL, AK, AZ, AR, CA, CO, FL, ID, IN, IA, KY, LA, MD, MA, MI, MS, MO, MT, NE, NM, NV, NY, NC, OK, PA, SD, TN, TX, UT, VA, DC, and WI. If a consumer residing in CT, GA, HI, IL, KS, ME, NH, NJ, OH, RI, SC and VT contacts Us we may connect them with a law firm that provides debt resolution services in their state. JGW is licensed/registered to provide debt resolution services in states where licensing/registration is required.
Debt resolution program results will vary by individual situation. As such, debt resolution services are not appropriate for everyone. Not all debts are eligible for enrollment. Not all individuals who enroll complete our program for various reasons, including their ability to save sufficient funds. Savings resulting from successful negotiations may result in tax consequences, please consult with a tax professional regarding these consequences. The use of the debt settlement services and the failure to make payments to creditors: (1) Will likely adversely affect your creditworthiness (credit rating/credit score) and make it harder to obtain credit; (2) May result in your being subject to collections or being sued by creditors or debt collectors; and (3) May increase the amount of money you owe due to the accrual of fees and interest by creditors or debt collectors. Failure to pay your monthly bills in a timely manner will result in increased balances and will harm your credit rating. Not all creditors will agree to reduce principal balance, and they may pursue collection, including lawsuits. JGW’s fees are calculated based on a percentage of the debt enrolled in the program. Read and understand the program agreement prior to enrollment.
This information is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that you consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions.