How to Deal With Debt Collectors When You Can’t Pay (2024)

The table’s set, food’s hot, and your family’s gathered for a relaxing Friday night meal. You know what doesn’t go well with dinner? Collectors calling you about that unpaid medical bill. (Why do they always call right as everyone’s sitting down?) Not cool. And what about those work meetings when your phone keeps buzzing. Do I have to get that? No, no I don’t.

Dealing with debt collectors isnotfor the faint of heart. If you’ve ever experienced it, you know it’s enough to make your skin crawl. And despite all you’ve done to try to catch up on those bills, they don’t seem to care. They just want their money . . . whether you have it or not.

There’s a right way (and a wrong way) to deal with those harassing callers. That’s why we’re here—to help you learn how to deal with debt collectors when you can’t pay, and to give you hope when they start calling you, your friends, your work and even your mom.

How to Deal With Debt Collectors

Debt collection begins when you’re past due on a hospital bill, car loan, cellphone bill or just about anything you owe money on. When you haven’t showed signs of paying on the bill (normally after three months), the company will usually send your account to collections to try to get their money. Oftentimes, these companies will sell your debt to a collection agency for pennies on the dollar. Other times, the original company will just hire out a collection agency to be their muscle and “make you an offer you can’t refuse.”

Spoiler alert: Youcanrefuse their offer—and we’ll show you how in a bit.

Debt collectors have one purpose—to get your money. To be fair, if you owe on a debt, you do need to pay it back. But hear us: Wedon’tagree with the tactics they use to try to get you to pay.

These companies can be worse than bullies on the school playground. Only this time, instead of taking the bologna sandwich and Little Debbie your mom packed for your lunch, they’re trying to take every penny you have with manipulation and insults. Turns out, their moms didn’t teach them how to use their manners (or give them Little Debbies).

Here’s how to negotiate with debt collectors when they come calling.

First Things First

When you’re scared and wondering how to make ends meet, getting bullied by debt collectors is thelastthing you need. So, if you can’t pay on your debts, don’t be pressured to give up what little money you do have to take care of your family. Don’t let them stress you into paying something you really can’t afford.

Instead, set your financial priorities straight—starting with theFour Walls:

  • Food (on the table and in the fridge)
  • Utilities (keep the lights on and the water running)
  • Shelter (make sure you’re current on mortgage or rent)
  • Transportation (so you can get to and from work)

If after taking care of your Four Walls you’ve only got $5 left at the end of the month, then that’s what you can offer. But before they try to get you to believe they’re at the top of your priority list, you need to know three things:

1. Know your rights.

Knowing what collectors can and can’t do when trying to get paid is key when it comes to dealing with them. The Federal Trade Commission has published the Fair Debt Collection Practices Act to help you know when they’ve crossed the line. More on that later . . .

2. Know your debts.

Knowing what you actually owe (down to the penny) will help you when you start getting phone calls and letters. Turns out, most collectors aren’t afraid to lie to get you to pay your debt—and then some.

“You can tell they’re lying if their mouth is moving.”

— Dave Ramsey

3. Know that you can negotiate (and settle).

Like we said earlier . . . if you’ve got money at the end of the month after you’ve paid for food, utilities, shelter and transportation, you can start negotiating. In this instance, they want what you have (money) and you have the upper hand in negotiations—even with $20.

How Does Debt Collection Work?

No matter how you spin it, debt stinks. When it starts piling up beyond what you can control, it’s easy to lose hope and wonder if you’ll ever get ahead. And somehow, it’s around this time that an alarm sounds at your nearest debt collector’s office alerting them that you’re losing hope and it’s prime time to start hounding you. And hound you they will. Daily phone calls, weekly letters, and many threats later, they’ve gotten good at scaring you into giving them money.

How to Deal With Debt Collectors When You Can’t Pay (4)

Get help with your money questions. Talk to a Financial Coachtoday!

If you’ve ever been sent to collections, this story sounds pretty familiar. You’re not alone. In fact, Dave himself knows what it’s like to be hounded by debt collectors. He knows what it’s like to lose hope, and even the embarrassment of not being able to afford to gas up his Jaguar. Yup—he lost everything . . . and then some.

But that wasn’t the end of his story. He also knows what it’s like to punch fear in the face, confront debt collectors one by one, and settle his debts until the numbers on all of his accounts turned from red to black. And you can too.

What Debts Can Go to Collection?

Any outstanding bill you haven’t paid can be sold or assigned to a debt collections agency.1Here are themost common debtssent to collections:

  • Credit card
  • Car loan
  • Medical/hospital bills
  • Student loans
  • Mortgage payments

But don’t worry, itshouldn’tever be a surprise. (If it is, you might be dealing with a case ofzombie debt.) In most cases, you should expect a letter letting you know your bill is now in collections. But that doesn’t make it any less scary.

What Debt CollectorsCanandCan’tDo

If you owe money on an old bill, it only makes sense that someone might want to know when you can pay on it. And youshould. But we both know that collectors are going to use any means they can to get you to pay.

What happens if you don’t pay a debt collector? They do have a few legal options. But there are also limits. That’s exactly why you need to know what collectors can and can’t do when they’re after your wallet. In fact, the Federal Trade Commission has a list of rules under the Fair Debt Collection Practices Act (FDCPA) that protects you from shameless debt collectors.2If you’re being harassed by a debt collector, you’ll want to commit these to memory:

What Debt CollectorsCanDo

  • Contact you by any means possible between the hours of 8 a.m. and 9 p.m.
  • Email, text or send you a direct message on social media.
  • Talk to your spouse (or other family members) to find out how to get in touch with you.
  • Sue for payment. (Make sure you always show up to court or they’ll have the upper hand, which could lead to garnishing your wages.)
  • Try to get you to pay on old debts that are past the statute of limitations. (The statute of limitations depends on the kind of debt and where you live. Learn the laws in your state.)
  • Charge interest—but not on top of any interest you were already paying.

What Debt CollectorsCan’tDo

  • Lie or try to hide who they are or how much you really owe.
  • Tag you publicly on social media.
  • Keep calling/texting/emailing/sending letters if you’ve asked them to stop by writing a certified letter.
  • Talk to anyone else more than once about your debt to try to shame you.
  • Garnish your wages without taking you to court—unless it’s a student loan or an IRS debt.
  • Harass or threaten you with foul language or jail time. (They don’t have this much power.)

If a debt collector continues to harass, lie or threaten you, it may be time to hire a lawyer for a small fee to send a certified letter asking them to stop contacting you. You can also report them to the Federal Trade Commission.3

How to Get Out of Paying Debt Collectors

We’re going to be real honest here: You can’t get out of paying a collector. If you borrowed money, you need to pay it back (after you’ve taken care of your Four Walls).

Learning how to negotiate with debt collectors is for your emotional and mental protection . . . not a free pass to skip out on money you actually owe. You need to get your bills paid (and we’re here to help you learn how to stop the harassment until you can pay them off).

Debt collectors can refuse a payment plan. They’re not under any legal requirement to accept smaller payments over a period of time. Usually they’re going after the full amount, because obviously, debt collectors gotta collect. But this doesn’t mean they won’t work with you.

How to Negotiate a Smaller Payment

  1. Do not give them any money until you have the settlement offer in writing. We repeat: Get it in writing (on a piece of paper or even recorded in an email). Keep a copy of exactly how much you owe them.

  2. Donotgive them electronic access to your checking account—they’ll clean you out. After you’ve agreed to paying a certain amount, they’ll want to draft your account for that amount. But remember, they lie. They’ll take more out than they agreed to and call it a “fee.” If you even try to get it back . . . well, good luck with that.

  3. Do not send a personal check—they can use the routing and account numbers on your check to access your account. When you pay, send them a money order or cashier’s check—these will not have your routing and account numbers on them. You could also send a prepaid debit card. If you’ve already given a collector access to your checking account, open a new account to pay bills and deposit your paychecks into. Yes, it’s a pain—but it’s better than letting them snatch your paycheck before you can pay the rent.We truly can’t stress this enough:Don’t have automatic payroll put into an account that a collector has access to.

  4. Rinse and repeat. Work thedebt snowballto clear up all these little inactive accounts or debts. Remember: They’ll settle with you if you offer them cash on the spot . . . even at a small percentage of your total balance.

Debt Collection Scams

Sadly, debt collection scams are just one of the many ways someone can try tosteal your identity. . . and your life savings. That’s why it’s important for you to know exactly who’s calling and what to look for when you’re sent to collections or are contacted by a collector.

If a collector continues to break the rules we’ve outlined above, it’s time to start sleuthing!

  • Ask for their name, phone number and address. If you’re talking to a legitimate debt collector, they’ll be happy to share where they’re calling from.
  • Don’t give out or verify any of your financial information over the phone unless you know exactly who you’re talking to.
  • If you’ve never heard of the debt they’re describing, ask for a letter with account numbers and details listed.
  • Send a certified letter to let the caller know they can’t contact you. If they’re a real collector, they have to listen.4

Protecting Yourself

If you believe you’re being contacted by a scammer, don’t wait to report them to the Federal Trade Commission and your Attorney General’s office. Always make sure you contact the original creditor of the debt in question and ask what companies they’ve authorized to collect the debt on their behalf.

This is a sure way to know if you’re dealing with a fake debt collector. We repeat: Never give out your personal or financial information without verifying who you’re talking to. This will save you money and headaches in the long run.

Debt collectors break the rules, and they’ll try to break you in the process. It’s important to collect yourself and get your budget and finances in order before you go making any deals with collectors. Book a free coaching call with a Ramsey Preferred Coach to get motivation and money advice we stand behind. They'll help you start figuring out a plan to get rid of debt (and collectors) for good.

It’s not easy dealing with debt collectors. But there’s still hope. If you know what they can and can’t do, and deal with them in the right way, you can get back on the path to debt freedom and some peace and quiet.

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About the author

Ramsey

Ramsey Solutions has been committed to helping people regain control of their money, build wealth, grow their leadership skills, and enhance their lives through personal development since 1992. Millions of people have used our financial advice through 22 books (including 12 national bestsellers) published by Ramsey Press, as well as two syndicated radio shows and 10 podcasts, which have over 17 million weekly listeners. Learn More.

How to Deal With Debt Collectors When You Can’t Pay (2024)

FAQs

How to Deal With Debt Collectors When You Can’t Pay? ›

If you don't pay, the collection agency can sue you to try to collect the debt. If successful, the court may grant them the authority to garnish your wages or bank account or place a lien on your property. You can defend yourself in a debt collection lawsuit or file bankruptcy to stop collection actions.

What happens if you can't afford to pay a debt collector? ›

If you don't pay, the collection agency can sue you to try to collect the debt. If successful, the court may grant them the authority to garnish your wages or bank account or place a lien on your property. You can defend yourself in a debt collection lawsuit or file bankruptcy to stop collection actions.

How do you deal with creditors when you can't pay? ›

Consult a Credit Counselor
  1. Determine If Negotiation Is Right for You.
  2. Set Your Terms.
  3. Tell the Truth and Keep a Consistent Story.
  4. Learn Your Rights Under the Fair Debt Collection Practices Act (FDCPA)
  5. Keep Detailed Communication Notes.
  6. Negotiate with Creditors Directly.
  7. Get All Agreements in Writing.

What is the 11 word phrase to stop debt collectors? ›

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.

How do I get rid of debt collectors without paying? ›

You can sue the debt collector for violating the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney's fees and might also have to pay you damages. If you're having trouble with debt collection, you can submit a complaint with the CFPB.

What's the worst a debt collector can do? ›

Debt collectors are limited on when they can call you — typically, between 8 a.m. and 9 p.m. They are not allowed to call you at work. They can't lie or harass you. Debt collectors can't make you pay more than you owe or threaten you with arrest, jail time, property liens or wage garnishment if you don't pay.

Is it true you don't have to pay a collection agency? ›

Yes, if a debt collector has contacted you about a legitimate debt, you are legally obligated to pay it. However, it's essential first to verify that the debt is yours and the amount is correct.

Who qualifies for debt forgiveness? ›

You may be eligible for income-driven repayment (IDR) loan forgiveness if you've have been in repayment for 20 or 25 years. An IDR plan bases your monthly payment on your income and family size.

What should you not say to a creditor? ›

Don't provide personal or sensitive financial information

Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.

What is the loophole of debt collectors? ›

Debt collectors lose the right in many states to sue consumers after three or more years. But there's a loophole: If the consumer makes a payment, even against his or her own will, that can be used to try to revive the life of the debt.

How to outsmart debt collectors? ›

6 Ways to Deal With Debt Collectors
  1. Check Your Credit Report. ...
  2. Make Sure the Debt Is Valid. ...
  3. Know the Statute of Limitations. ...
  4. Consider Negotiating. ...
  5. Try to Make the Payments You Owe. ...
  6. Send a Cease and Desist Letter.
Sep 3, 2022

How long before debt collectors give up? ›

The amount of time that a debt collector can legally pursue old debt varies by state and type of debt but can range between three and 20 years.

What happens if I can't pay debt collectors? ›

They will pursue you for the money, with persistent letters and phone calls. If they have no success getting you to pay, they may ultimately choose to sell the debt once more, and the cycle will continue with a new debt collector.

What happens if you keep ignoring debt collectors? ›

Ignoring or avoiding the debt collector may cause the debt collector to use other methods to try to collect the debt, including a lawsuit against you. If you are unable to come to an agreement with a debt collector, you may want to contact an attorney who can provide you with legal advice about your situation.

How can I settle my debt without paying? ›

Here are a few to consider:
  1. Debt Settlement. Debt settlement is a process that involves negotiating with creditors to pay less than the full amount you owe. ...
  2. Debt Management Plan (DMP) A debt management plan (DMP) is a special payment plan you can enroll in through a nonprofit credit counseling agency. ...
  3. Bankruptcy.
May 31, 2024

What's the lowest you can pay a debt collector? ›

Some creditors will accept pennies on the dollar, others will not settle for less than 80% in a lump sum payment," says Jessika Arce Graham, partner at Weiss Serota Helfman Cole + Bierman. However, your odds of a lower settlement are better when the debt collector is a debt buyer, says Christopher E.

What happens when a person can no longer afford to pay back their debt? ›

If you don't pay the amount due on your debt for several months your creditor will likely write your debt off as a loss, your credit score may take a hit, and you still will owe the debt. In fact, the creditor could sell your debt to a debt collector who can try to get you to pay.

What happens if you can't afford to pay your debt? ›

The longer the contract isn't paid the more severe the impact on your credit score. It may also lead to debt collection and further legal action. If you hurt your credit score by not paying, then you'll have trouble getting another contract later on.

How much will debt collectors settle for? ›

The American Fair Credit Counsel reports the average settlement amount is 48% of the balance. Again, start low, knowing the debt collector will start high. With the evidence of your budget at your elbow, be prepared to describe the reasons you're unable to be squeezed for anything close the full amount.

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