Are Debt Collectors Harrassing You? Know Your Rights!
Calls from debt collectors can ruffle the toughest of feathers. People have changed their phone numbers and even disconnected phones to avoid the bill-collector.
Consumers do have rights. Under the Fair Debt Collection Practices Act, you can tell debt collectors to stop calling you. Collectors prefer to hassle you on the phone because they want to intimidate and upset. They know many people are not aware the FDCPS has laws to protect you from them. While collection laws differ from state to state, there are some firmly fixed rules. Collection agencies may not:
- Harass They may contact you only between 8 a.m. and 9 p.m. They must tell you they are bill collectors. The use of profane language or threats is not allowed. If they know your employer disapproves, they cannot contact you at work. Since bill collectors usually dont know your work rules, you should advise them of this.
- Lie Collectors cannot suggest they are anything but collectors. For example: implying they are a federal or state government agency employee or a law enforcement officer. Suggesting you have committed a crime or you will be arrested for non-payment is not telling the truth. Debtors prison does not exist anymore and you cannot go to jail for an unpaid debt. The exception to this could be Federal and State tax debts.
- Employ Unfair Practices Collectors cannot threaten to take your property unless they have authority to do so. They may not send you postcards (breach of privacy rights). Accepting a check postdated by more than five days is illegal unless consumers are notified beforehand when it will be deposited.
What should you do if you feel a creditor has engaged in deceptive, unfair or abusive practices? The FDCPA provides consumer protection against unfair practices by collectors. If you decide to sue a debt collector for violation of the FDCPA, it would be left to the courts to decide what actually constitutes harassment.
There are other things you should know about filing a suit. You have up to one year after the alleged violation to sue. If the court rules in your favor and you win, you may be entitled to damages plus an amount up to $1000. You may also be able to recover attorney fees and court costs.
Collection calls can cause a lot of stress. But there is a way to make them stop. Simply write to them demanding they not contact you anymore. Send the letter by certified mail and request a return receipt. After the collector receives your letter, they are permitted to communicate with you once more, by mail, and may let you know further efforts to collect the debt will stop, that the collector may take certain actions or the collector will definitely take certain actions (they may or may not outline those actions in the letter). Stopping the calls does not relieve you of your responsibility. You still owe the money, and the company may pursue other collection tactics.
The best way to avoid these stressful situations is make sure your financial house is always in order. Unfortunately, it can be easy to get trapped in a cycle of debt. One particular problem common today is people getting overextended with payday loan debt. Try to stay out of these debt traps, but if you do find yourself in one, know your rights!
Add comment October 1st, 2007
