Debt Collectors

There are many disadvantages to being in debt. You’re constantly worrying about how you’ll be able to pay it off. You’re always thinking about how to stretch your next paycheck. And, maybe worst of all, you’re consistently under the scrutiny of debt collectors. Dealing with them can be frustrating, intimidating and even scary. Many of them may resort to harassing telephone calls, idle threats and even obscene words to try and get your attention. They may even contact your family, friends and neighbors to try and pressure you into paying your debt. But through all the harassment, it’s important for you to remember that they are not above the law.

Continue reading to see how you’re protected against debt collectors.

One example of unnecessary harassment

This clip from the popular TV show, Family Guy, illustrates how you may feel you’re being treated when some debt collectors get on your case about paying back your debth

Heading: Your rights under the Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act was created to help people like you know and understand your rights when it comes to debt collectors and the way they attempt to collect debts. If you currently feel as though a collector is harassing you, you need to take action. But first, you need to know what they can and cannot do to try and collect the debt you owe. Here are just some of the ways you are protected under the FDCPA:

Debt collectors may contact you directly by telephone but they are not allowed to reach you before 8 a.m. or after 9 p.m. without your consent. They also are not entitled to use obscenity, racial slurs or any other negative comments about your character during the calls. They also must be truthful and forthright when identifying themselves and explaining their purpose to you.
A collection agency is permitted to file a lawsuit against you to collect a debt but they cannot threaten to sue you for the sole purpose of forcing you to pay your debt.
A creditor is not required to notify you that it has referred a debt you have to a collection agency. There may be some exceptions to this, but a collection agency is generally allowed to contact you directly without any notice.
You may write a letter to a collection agency to get them to stop calling or contacting you. They are then permitted to contact you one more time to tell you what action they wish to pursue. Still, they cannot harass you at all during this final contact.
A debt collector cannot contact your family, friends or neighbors if they have your name and contact information. They may contact them to find your location but repeatedly contacting a family member, friend or neighbor is against the law.

There are a number of other rules that debt collectors must follow as well. Read the frequently asked questions about the Fair Debt Collection Practices Act for more information.

Hiring an attorney to deal with debt collection harassment

If you or your loved ones have encountered a problem with a debt collector and feel that you may be the victim of harassment, you should speak with an attorney as soon as possible. Because so much of your financial future is tied up with your creditors and debt collectors, you need to work out the problem quickly. Be sure to keep a record of the dates and times you were contacted by the collector and any violation that occurred during the calls. Be as detailed as possible. This will help you build a case against the collector later.

The dirty tricks debt collectors use

In this segment from ABC 7 in New York, you’ll see a few of the ways collectors are trying to get people to pay back their debts today. Notice that they are not always legal.

How illegal debt collection practices hurt everyone

Abusive debt collection practices hurt you, your family, your friends and even your neighbors. Because of harassment, many debtors are forced to declare bankruptcy simply because they think there is no way out. Families are ruined as husbands and wives argue about finances and struggle to make payments to creditors. People become distracted at the workplace and either become less productive or lose their jobs altogether because of their debt and the stress it causes. But, most importantly, illegal debt collection practices are a blatant invasion of privacy. They make people feel hopeless and frustrated. No matter how bad your credit is, don’t let someone take advantage of you. Stand up for yourself against shady debt collectors and know your rights.