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When you have a longstanding, overdue debt with a creditor, whether it’s an unpaid credit card balance, medical debt, or anything else, at a certain point, they will likely hand over the account to a debt collector. You usually receive a notice in the mail that the debt is changing hands, but if you’re unsure, try calling the original creditor to find out who holds the account. A lot of things can happen when trying to settle your debt, so it’s essential to understand your rights as well as some of the worst-case scenarios – and how to avoid them. Unfortunately, when dealing with delinquent debt, either the creditor or collection agency may file a lawsuit if you refuse to pay the money you owe. However, a lawsuit can be a lengthy and expensive process, so many debt collectors don’t think it’s worth the effort, especially if you appear savvy and demonstrate that you understand your legal rights. Filing for bankruptcy is a huge decision that can affect your life for years to come. While there are certainly some situations where it’s a good choice, you should put in a lot of thought and research about the benefits and consequences before making your decision. You should also consult with a financial expert or credit counselor before filing for bankruptcy.

Also, send everything via certified mail so you can confirm the debt collector received the letter. Leave no room for the debt collector to claim you didn’t send something to them. Only talk to a debt collector on the phone if you’re confident in your abilities to stay calm. Debt collectors are known for being harsh. Evoking strong emotional responses. However, if you want to give it a try and talk to someone on the phone, just remember that you can hang up at any time. When you talk to someone, get their full name and any other identifying information. Then, take comprehensive notes so that you have records of everything that was said or agreed on. You can then send a copy of your notes to the debt collector via mail. When negotiating a payment amount, only offer a lump sum rather than regular payments. The debt collector may try to tack on fees. Interest that will make your amount owed higher than what you agreed upon. If you don’t have enough cash on hand to make a payment or at least a partial payment, you will need to start saving up for one.

You can also try to negotiate a payment plan with them. If the debt collector attempts to charge you fees or interest, check your state usury laws. These laws put limits on how much interest a creditor may charge. Make sure the debt collector is in line with state law. Otherwise, it’s time to let them know that you’re aware of your rights and that the agency is violating them. Never appear desperate for a debt settlement during the negotiation process and be prepared for a lengthy process. If the debt collector realizes you need to settle, they’ll have the upper hand in the negotiation process and very likely demand that you pay the full amount. The best-case scenario is when the debt collector initiates the debt settlement process, but even if you’re the one making the first offer, stay calm and collected throughout the process. Remember that settling your debt isn’t just about reaching an agreement on the payment.

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how to stop wage garnishment from creditor