How to get rid of debt collectors?

Who are collectors and what can they do?

In simple terms, collectors are persons who ensure the repayment of debt. Usually, they only work with banks and microfinance organizations. Much less often with individuals.

Debt collection activities can only be conducted by legal entities included in a special register maintained by the Federal Bailiff Service. Therefore, the list of current collection agencies can be found on the FSSP website.

The task of collectors is to convince the debtor to repay the debt. They can only do this by lawful means specified in Part 1 of Article 4 of Federal Law No. 230-FZ. In particular, they may interact directly with the debtor through:

• telephone conversations or in-person meetings;
• sending SMS and voice messages, emails, and so on;
• sending letters via Russian Post to the debtor's residential address.

According to the same Federal Law, collectors do not have the right to use physical force against the debtor and third parties, threaten them, or damage or destroy property. They are also prohibited from exerting psychological pressure on the borrower and attempting to contact them from hidden numbers.

What are collectors forbidden to do?

We have already established what collectors are legally allowed to do. Now let us talk about what they are prohibited from doing. The list of unlawful actions is defined by Articles 6 and 7 of the Federal Law "On Protection of Rights and Legal Interests of Individuals Carrying out Overdue Debt Recovery Activities."

Thus, collection agencies are prohibited from:

• attempting to contact the debtor from 10:00 PM to 8:00 AM on weekdays and from 8:00 PM to 9:00 AM on weekends;
• calling more than twice and sending messages more than four times a week;
• exerting psychological pressure on the debtor and their loved ones;
• contacting the borrower without stating their surname, name, and patronymic, position, and the name of the collection agency;
• damaging or destroying the property of the debtor and their loved ones;
• transferring borrower data to third parties;
• misleading the debtor regarding the amount of the debt and repayment terms;
• intimidating the debtor with false information about the possibility of administrative or criminal prosecution.

Today, overtly illegal actions by collectors are practically non-existent—they do not damage debtors' property or use physical force, as was the case just a few years ago. However, collectors still attempt to exert psychological pressure on borrowers. For example, they may report that the case has been referred to court, that a criminal case has been initiated, that the debt amount has increased, and so on. All these actions are illegal.

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What to do in case of unlawful actions by collectors?

Now let's talk about what to do if collectors overstep their bounds. If the debtor realizes that the agency's actions are unlawful and do not comply with the aforementioned Federal Laws, they can safely apply to higher authorities.

To hold a collector accountable, we recommend asking for the following information over the phone: their surname, name, patronymic, and position, the name of the collection agency, the company address, INN, OGRN, and so on. We also recommend keeping threatening messages and, if possible, recording phone conversations.

So, where should you turn in case of unlawful actions by a collector:

• to Rospotrebnadzor;
• to the Central Bank;
• to the Federal Bailiff Service;
• to the National Credit History Bureau.

If a collector still threatens physical violence or property damage, it is advisable to contact the police immediately.

Can you simply not answer collectors?

Yes, the easiest way to get rid of collectors is not to interact with them at all. There is no law that obliges a debtor to contact such agencies outside of court. Therefore, you can simply not pick up the phone when they call.

To prevent collection agencies from disturbing you with calls, you can install a simple application that sorts spam and unwanted calls.

If a collector attempts to meet with the borrower in person, it is enough simply not to open the door for them. If the debtor did open it, close the door without explanation. According to Article 139 of the Criminal Code, any attempt at illegal entry into a dwelling is punishable by a fine, corrective labor, or arrest.

How to write an official refusal of interaction with collectors?

The debtor has the opportunity to officially refuse interaction with the collection agency. There are two ways to avoid contacting collectors:

• communicate with them only through a lawyer;
• write a refusal of calls, messages, and in-person meetings.

In the first case, all communication with collectors will rest on the lawyer's shoulders. In particular, they will receive voice and text messages, emails, and calls. The debtor themselves will only receive letters via Russian Post.

In the second case, any attempt to influence the debtor will be prohibited. With the exception, again, of letters sent via Russian Post.

To officially refuse interaction with collectors, you need to send a corresponding application to both the bank and the collector. This must be done by sending a registered letter with acknowledgment of receipt, by personal delivery (against a receipt), or through a notary.

Such an appeal can be sent no earlier than four months after the overdue debt is formed.

How to deal with collectors: 6 effective tips

At the end of the article, we will give some advice on how to behave with collectors:

1. Do not show weakness in front of collectors—they must be sure that the debtor cannot be influenced psychologically.
2. It is better to familiarize yourself in advance with what collectors are legally allowed to do. And in case of unlawful actions, immediately contact the appropriate authorities with complaints.
3. It is better not to ignore calls entirely, but to pick up the phone and hang up after a few seconds—this way the call will be considered completed.
4. We recommend closing your social media pages right away so that debt collectors cannot use them to find your friends and family.
5. You can try negotiating with debt collectors to repay only a portion of the amount—paying off the debt through them might turn out to be more cost-effective.
6. If you are unable to pay off the debt, it is better to wait for a court case—there, the judge may order you to pay only the principal amount without interest or may grant you an installment payment plan.