Q&A: What Can Debt Collectors NOT Do?

When a collection agent does call, use a tape recorder. You’ll have to check your state's rules first on the taping of phone calls, but 35 states do allow you to secretly tape phone calls without the other party’s permission. The other 15 states allow you to keep taping as along as you tell the collections agent you’re doing so.

Cunningham’s tapes with collection agents proved invaluable in court. When an overly aggressive agent threatened to garnish his wages on one call (a big debt collection no-no), Cunningham was able to use the tape as evidence, and he wound up winning that case.

Fighting back against unethical debt collectors isn’t as hard as you might think. Just do your homework, know your rights and hold debt collectors responsible for their actions. Those three steps alone will level the playing field, and put you back in control over a tough debt situation.

No doubt, credit and debt are big issues for Americans these days. If you have a question on banking, mortgage, credit card, college loans, auto loans or insurance, BankingMyWay.com can help. Just e-mail us at qanda@thestreet.com.

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