Crazy Stuff Collectors Say - Part IV
Three of my previous posts were on “Crazy Stuff Collectors Say.” In case you missed those posts, here are the quick-links to the previous articles:
Crazy Stuff Collectors Say - Part I
Crazy Stuff Collectors Say - Part II
Crazy Stuff Collectors Say - Part III
I wanted to follow up on this theme, because lately I’ve been hearing a lot of reports from clients on a tactic that seems to be getting more and more play. It’s been around forever, but I’ve been hearing it used much more often recently.
Here’s how it goes. You get a voicemail message (because you’re screening your phone calls!) from a collection agency or a collection attorney firm. “This is Joe Smith with XYZ Company. I have your case file on my desk - number 12345. I strongly recommend that you have your attorney call me immediately.”
Scary sounding, right? Nope. Just a debt collector trying to get you to call back for a dose of verbal abuse and strong-arm collection pressure. Third-party debt collectors are not permitted to threaten litigation unless (a) they are in a position to bring said litigation, and (b) they have been authorized by the creditor to file a lawsuit. But the above voicemail message technically does not violate that rule. Notice the technique. They did not say they were going to file a lawsuit. Instead, they referred to a “case number,” and you automatically think “court case” when they meant their internal file reference number. Next, they are telling you to have your attorney call them. You immediately think, “Oh, no, I must be getting sued”!!!
Folks, this is a BLUFF, and that’s all. The collectors using this technique are usually the LEAST likely to bring an actual lawsuit. It’s a tactic used frequently by agencies located in a different state than yours. It’s getting harder and harder for these collectors to reach debtors, as more people become aware of their rights under the law. So this is a common tactic employed to create what I call a “false sense of urgency.”
So if you are on the receiving end of collection activity and you get this type of voicemail or message, remember that it’s probably just a collection tactic to get you on the phone with them. If you think you might have been sued, but you’re not sure, then simply call your local courthouse and ask!
How about when collectors aren’t saying anything??? I haven’t heard from
Comment by Heather — December 19, 2007 @ 8:50 amone of my accounts for over a month. WEIRD!!!
I just got a couple of voice mails like this and I appreciate the post. I am wondering if I should avoid returning the calls.
I got another type of voice mail that goes like this: “this voice message is being recorded for our records. we have been trying to reach you since November 30 and today is December 12 and you need to return my call as soon as possible because I have a file on my desk regarding a serious matter. It is important that you call because a decision will be made that you want to be a part of”. And do you know the message did not contain a phone number for call back…she forgot the important part. Quite funny and I do not know what creditor it refers to.
Comment by Michelle — December 19, 2007 @ 10:35 amHeather, enjoy it while it lasts! Quiet periods are common, and
Comment by Charles — December 19, 2007 @ 1:38 pmthey usually occur when the account is rotating between departments
internally, or more often when the account is beyond chargeoff and
is rotating between collection agencies. In all cases, however,
collection activity will resume until the matter is resolved. We’re
in the era of “zombie debt,” because debts live forever these days.
If the original creditor gives up, they will just sell the account
and the debt purchaser will resume the collection process. This is
why settlements are so important — a proper settlement solves the
problem permanently.
Michelle, whether or not to call back collectors who leave
Comment by Charles — December 19, 2007 @ 1:40 pmmessages like this depends on what you’re trying to accomplish.
If you are trying to settle or resolve the accounts, then the
only practical way to do this is to call back the agency and work
out a deal. On the other hand, if you don’t have any money to
settle with, then as long as the account is not being worked by an
attorney in your state, then there is no great urgency to return
their phone calls and get subjected to the usual verbal abuse dished
out by collectors.