Are You Being Harassed By Debt Collectors?

Economic hardships affect almost everybody and sometimes that means we can’t pay all our bills and other obligations. However, that situation does not allow debt collectors to abuse consumers or use unfair tactics to get someone to pay. The Fair Debt Collection Practices Act (FDCPA) means debt collectors aren’t allowed to be abusive, deceptive or unfair as they try to collect on your debts, even if their information about your debt is accurate. You, as an individual, may be able to pursue debt collectors for abusive, deceptive or unfair debt collection practices. Also, there are state statutes similar to the FDCPA which may provide individuals a cause of action.

Under FDCPA, a debt is any money owed for personal loans, family loans, household loans, credit card accounts, auto loans, medical bills and mortgages but does not cover business debt.

A debt collector is someone who regularly collects debts owed to others and is defined by the FDCPA. This could mean you are being contacted by a collection agency, a lawyer who specializes in debt collection or a company that buys old debts and tries to collect on them.

Debt collectors can’t contact you before 8 a.m. or after 9 p.m., unless you agree to it. They can’t contact at you at work if you tell them verbally or in writing that you’re not allowed to get calls there. You can also send a certified letter telling a debt collector to stop contacting you and they have to do it, with two exceptions: (1) They can contact you to tell you the contact will cease or (2) they can contact you to inform you they are taking the next action, such as filing a lawsuit. It won’t get rid of the debt but it should stop the contact.

Debt collectors can contact people who know you but only once and only to get your address, your home phone number and where you work. They cannot discuss your debt with anyone but you, your spouse or your attorney, if you have one.

The debt collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice must include the name of the creditor you owe and how to proceed if you dispute the debt.

The debt collector may not harass or abuse you, such as threatening violence or using foul language. They may not lie when they are trying to collect a debt, such as claiming they are attorneys or misrepresenting the amount that you owe. They also can’t say you will be arrested if you don’t pay or that they will seize or garnish your wages unless they are permitted by the law in your area to do so. Remember that these examples are not an exhaustive list of what debt collectors may not engage in and if you’re not sure if you’re experiencing illegal debt collection practices, you should seek out professional legal advice in your area.

You do not have to be harassed or abused by debt collectors using unfair and illegal collection practices. If you think you may need help with the way a debt collector is attempting to collect on a debt you may or may not owe, contact Henrichsen Siegel, P.L.L.C.

Protect your rights.