Jan 15, 2025
(WSPA) — Personal debt in the US has reached an all-time high of nearly 18 trillion dollars. For credit card debt alone, delinquency rates are at a 14-year high. If you're struggling, it's crucial to know your rights when it comes to debt collection.  In fact, those callers who violate the law could end up owing you.   Joshua McCraw is one of millions of Americans who began getting debt collection calls after he lost a job in 2021 and got behind on payments. "Ever since then they've just hounded me, hounded me, hounded me. Every other day it's like you owe this, you owe this you owe this," McCraw said. Why you should answer the calls It's tempting to let those calls go to voicemail, but experts said to pick up and request they send you documentation showing the name of the creditor, what you owe and your debt collection rights. Getting proof of the debt in writing can also help you make sure it's not a scam. A lot of people don't realize you can request the debt collectors stop calling you.  The key is to do that in writing, so you need to know where to send your notice.  This doesn't erase the debt, of course, but by law with few exceptions they must honor that request. That's just one of many consumer protections laid out in the Fair Debt Collection Practices Act.   What debt collectors can't do Debt collectors are NOT allowed to: contact you before 8 a.m. or after 9 p.m. call you at work if you tell them not to email, text or private message you if asked to stop threaten you use profane language call you more than seven times in a seven-day period call within seven days after talking with you by phone How collectors could owe you Consumer Attorney Andrew Hart in Greer said knowing your rights can help you stop the harassment, and even force rogue collectors to pay you.  In fact, in federal court you could get up to $1,000 for each violation. "The best thing to do is to keep a record of these things.  Note who calls, what time, the telephone number and what they're saying to you.  The more information you have on what they're doing, the better chance you have of enforcing violation against them if they are committing those," Hart said.   The law is structured so that debt collectors who violate the law would even have to pay your attorney fees, something that makes McCraw want to keep better records.   "If they end up owing me, I could end up using that money to pay it off so I didn't have to worry about it," McCraw said. Know the rules of credit card debt Now, since McCraw's debt is mostly tied up in credit cards, know this about that unsecured debt: The statute of limitations for a creditor to sue you is three years.  Keep in mind, even if you no longer can be sued, not paying debt can wreck your credit score.  So the best strategy is to negotiate a lower interest so you can pay it off faster. If another creditor bought his old debt and convinced McCraw to pay just one dime, it reopens the door to getting sued for three more years.   "They pray on the fact that a lot of people don't know and that's why they abuse what they're doing in the worst way possible," McCraw said. What if you're sued? Hart warned, if you are sued, don't wait to respond.   "If you get served and you don't file an answer within 30 days then the court will automatically file against you, even if the suit is not valid, say it's not the right collector, the information is incorrect, the court will grant judgment against you automatically," Hart said.   How to get help paying down debt? Before it ever gets to that, you can find help at places like Greenville Federal Credit Union.  Chief Operating Officer Brian Sponaugle said they offer a free program aimed at getting clients out of debt, often by negotiating lower interest rates.   "We can help save some money on your debt potentially, save on your payment and give you some education, give you a lot of tools to help you make better decisions moving forward," Sponaugle said. McCraw is grateful for a new job. And said knowing his rights will help him make right on his debt, and stop the calls. "It's hard to come back on top but there's still always a light at the end of the tunnel," McCraw said.  
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