Top 7 Debt Collector Scare Tactics (2024)

Chloe Meltzer | December 13, 2023

Top 7 Debt Collector Scare Tactics (1)

Legal Expert
Chloe Meltzer, MA

Chloe Meltzer is an experienced content writer specializing in legal content creation. She holds a degree in English Literature from Arizona State University, complemented by a Master’s in Marketing from California Polytechnic State University-San Luis Obispo.

Edited by Hannah Locklear

Top 7 Debt Collector Scare Tactics (2)

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Top 7 Debt Collector Scare Tactics (3)

Summary: Debt collectors use the same scare tactics over and over because they work. Learn their tricks and how to fight back.

Debt collection is a $10 billion industry. Each year, 70 million Americans are unable to pay their debts, and fall into the trap of debt collection. Typically this revenue comes from people who fall behind on student loans or medical bills, but others may be unable to pay their credit card bills or mortgage.

If you are being pursued for a consumer debt, you may have not even been aware of that debt until a debt collector contacts you. This might come in the form of a letter asking you to appear in court, or you might receive a call.

Harassment by a debt collector is illegal. If you are being pursued for debt, you should know about these 7 debt collector scare tactics.

Don't let debt collectors intimidate you. Respond with SoloSuit.

1. Excessive Amount of Calls

The debt collector's income is influenced by you and other consumers paying their debts. This means that if a debt collector has been assigned to you, they are most likely going to attempt to scare you by calling you constantly. The purpose of this is to overwhelm you so that you get scared and frustrated by their excessive calls. The plan and hope are that you will do anything to get them to stop, especially pay the debt.

This tactic is used to get to you mentally. They hope that you do not know that you can legally ignore them. You do not even need to answer the phone. The only time you must respond is if you have been served with a legal notice to appear in court. Even then, this is a formal “Answer” sent to the court.

If a debt collector is attempting to scare you into paying a debt by calling you incessantly, you can write a “cease and desist” letter. Keep a copy of this because once it is received, they can no longer legally call you. Despite this, they may take other courses of action to collect the debt.

2. Threatening Wage Garnishment

If you decide to allow the debt collector to speak to you, one popular scare tactic is to push you into thinking they have more power than they do. They will try to make you think that if you do not pay your debt immediately, that they have the power to garnish your wages.

Garnishing wages occurs after a judgment is obtained. This is a long process and is not something that will be done quickly. That is why this is considered a popular scare tactic. Debt collectors often exaggerate the truth.

For a debt collector to go into your bank account or take money from your paycheck, you will have needed to go through the entire legal process. They also need to obtain permission from a judge. If there has been no legal action taken against you, then they have no right to garnish your wages.

Protect your wages from debt collectors by responding with SoloSuit.

3. Stating You Have a Deadline

Debt collectors often try to tell you that you have a deadline to pay your debt. They might suggest you will be forced to pay additional fees if you do not pay by a certain date. This is simply not true. There are deadlines by which the debt collector cannot legally bring you to court any longer (based on the Statute of Limitations). If a debt collector tries to tell you otherwise, they are trying to scare you, and they may be violating the FDCPA.

4. Collecting Old Debts

Some debt collectors may attempt to scare you into paying an extremely old debt. This is where the statute of limitations comes into play. Every state has a statute of limitations that make it impossible to sue you for older debt. Most often the statute of limitations runs four to six years but can be anywhere from two to 20 years as well. This is also known as time-barred debt.

It is important to note that if you make a payment on a time-barred debt, you will start the statute of limitations over again. This means that the debt can become eligible for collection again. Debt collectors may commonly try to convince you to pay on a time-barred debt to bring it alive again. This is why it is essential if a debt collector contacts you, to verify the debt.

5. Pushing You to Pay Your Debt to “Improve Your Credit Score”

Although paying off your debt will eventually improve your credit score, it will not change anything for about seven years. What they should be telling you is that it will prevent further damage to your credit score.

6. Stating They “Do Not Need to Prove Your Debt Exists”

Even if you are in debt, it does not mean that you can be harassed by debt collectors. Any debt collector must prove that they have the right to sue you or pursue you for a debt under the Fair Debt Collection Practices Act.

7. Sharing Your Debt With Family and Friends

It is completely illegal to mention your debt to anyone other than your spouse. Under the FDCPA if a debt collector shares your personal financial information publicly, then you can report them.

Make the right affirmative defenses with SoloSuit and win your case.

Understanding The Fair Debt Collection Privacy Act

Calls from a collection agency are never fun. They might use intimidating language, be extremely demanding, and be overall very persistent. Their only goal is to push you to pay the debt that they believe you owe. In some cases, you may not even owe the debt but you might even simply pay the debt to avoid the debt collector.

Laws protect you as a consumer from debt collectors. Credit card debt, medical bills, student loans, mortgages, and other kinds of household debt are typically sold to debt collectors. From that point on, the Fair Debt Collection Privacy Act (FDCPA) protects you. This only applies to third-party debt collectors but protects you from harassment and a variety of other unfair practices.

Although debt collectors may use scare tactics in an attempt to make you pay your debt, their scare tactics are not always legal. Always refer to the FDCPA and report a debt collector using unfair scare tactics to retrieve your debt.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

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"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

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Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

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Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

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Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources


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Top 7 Debt Collector Scare Tactics (2024)

FAQs

What scare tactics do debt collectors use? ›

If you decide to allow the debt collector to speak to you, one popular scare tactic is to push you into thinking they have more power than they do. They will try to make you think that if you do not pay your debt immediately, that they have the power to garnish your wages.

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

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

What not to say to a debt collector? ›

Protecting the Rights of Consumers For Over 25 Years
  • Don't Admit the Debt.
  • Don't provide bank account information or other personal information.
  • Document any agreements you reach with the debt collector.
May 29, 2024

How do you outsmart a debt collector? ›

You can outsmart debt collectors by following these tips:
  1. Keep a record of all communication with debt collectors.
  2. Send a Debt Validation Letter and force them to verify your debt.
  3. Write a cease and desist letter.
  4. Explain the debt is not legitimate.
  5. Review your credit reports.
  6. Explain that you cannot afford to pay.
Mar 11, 2024

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.

What are 3 things that a debt collection agency Cannot do? ›

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

What is the loophole of debt collection? ›

The legal loophole is the debtor has no right in law to know or enquire who ownes the debt which then makes the contractural relationship no longer transparent.

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

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.

How do I silence my debt collector? ›

If you ask a debt collector to stop all contact – regardless of the communications channel – the collector must stop. Keep in mind, though, that you could still owe the debt. If you don't want a debt collector to contact you again, write a letter to the debt collector saying so.

Why should you never pay a collection agency? ›

Paying an old collection debt can actually lower your credit score temporarily. That's because it re-ages the account, making it more recent again. This can hurt more than help in the short term. Even after it's paid, the negative status of “paid collection” will continue damaging your score for years.

How long before a debt is uncollectible? ›

4 years

What is a weakness as a debt collector? ›

Lack of current information on debtors. Difficulty identifying and contacting debtors. Difficulty in accessing the most valuable information. Takes too long to locate debtors when sorting through all the data.

How can I scare off debt collectors? ›

9 Ways to Turn the Tables on Debt Collectors
  1. Don't Wait for Them to Call. Consider picking up the phone and calling the debt collector yourself. ...
  2. Check Them Out. ...
  3. Dump it Back in Their Lap. ...
  4. Stick to Business. ...
  5. Show Them the Money. ...
  6. Ask to Speak to a Supervisor. ...
  7. Call Their Bluff. ...
  8. Tell Them to Take a Hike.
Mar 26, 2013

How do you win against a debt collector? ›

Here are a few suggestions that might work in your favor:
  1. Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ...
  2. Dispute the debt on your credit reports. ...
  3. Lodge a complaint. ...
  4. Respond to a lawsuit. ...
  5. Hire an attorney.

What three things can a debt collector do? ›

Make threats of violence or harm. Publish lists of people who refuse to pay their debts (this does not include reporting information to a credit reporting company). Call you without telling you who they are. If you believe a debt collector is harassing you, you can submit a complaint with the CFPB.

What debt collectors don t want you to know? ›

Debt collectors don't want you to know that you can make them stop calling, they can't do most of what they tell you, payment deadlines are phony, threats are inflated, and they can't find out how much you have in the bank. Furthermore, if you're out of state, they may have no legal recourse to collect.

What are abusive debt collection tactics? ›

Using abusive collection tactics, including:

using profane or obscene language. falsely accusing the consumer of fraud or other crimes. threatening arrest of the consumer, or repossession or other seizure of property without proper court proceedings.

What is considered a threat from a debt collector? ›

It is considered illegal harassment for a debt collector to use profane language or threats of violence, or to publish your name in a list of debtors. In addition, repeatedly calling you about a debt—sometimes multiple times in a day—or before 8:00 AM or after 9:00 PM is prohibited. Making false statements.

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