The biggest challenge in a collection agency harassment case is proving that it happened. More likely than not, collection agencies will not have voice recordings of their collectors’ telephone calls and, if they do, they probably do not have recordings of ALL telephone calls. Nearly all collection agencies, however, do keep a log of its collection efforts on a particular account but these logs are created by the collectors themselves and are mere summaries of what really happened. For example, a collector may actually tell a person that “the full balance is due immediately or legal action will be taken” but simply record that he “demanded balance in full.” Without more detail, a collection harassment cases often turns into a “he said/she said” case.

In order the tip the balance of your collection harassment case in your favor, it is important that you take a few simple and easy measures. First, document everything. Because memories fade and over time details become distorted, it is important that you write everything down as soon as possible – especially as to what was said and exactly how it was said. Notes taken at the same time as the call happened are much more credible and reliable than notes made two months later. At the very minimum, you should document the date, telephone number, company, and substance of each communication (both what they tell you and what you say to them).

Second, if a collection agency leaves you a threatening message on your answering machine or cell phone, make sure to save that recording. Since a collector will never include specific threats in the account logs, collection harassment cases that can be proven with a collector’s own voice will settle faster and for a higher amount that a standard “he said/she said” case. Third, keep your phone records, especially if they show incoming calls. Allegations that a collection agency called a particular person 10 times within 5 minutes may not be reflected in the account logs because typically a collector has to make a telephone call while the account is open on his computer for the telephone call to be recorded in the account log. And if the collector has to manually enter each telephone call into the account notes, you can almost bet your life that he is not documenting the ten calls individually. Therefore, if a collector calls your phone numerous times within a short period, the best way to prove it is with your own telephone records.

Although the absence of documentation does not mean that you will not be successful in your collection harassment case, documentation will help to resolve your case quicker and often leads to more money for you.

Richard M.