Debt collectors use intimidating collection methods, as a way of persuasion in collecting overdue bills and the telephone is the most popular means. One phone call can turn into several more until the consumer speaks with them to rectify the problem. Harassing calls may continue if collectors are not satisfied in receiving payment.
The Federal Trade Commission (FTC), the nation's consumer protection agency, is responsible for enforcing the Fair Debt Collection Practices Act (FDCPA) that holds debt collectors accountable for not reverting to unfair and deceptive practices in attempting to collect on a past due bill. The FDCPA was adopted in 1966 to protect the rights of individuals from harassment of bill collectors. This can include contacting the consumer at unusual times or places. Many employers frown on employees receiving harassing phone calls from creditors and if the creditor is asked to stop, they are required by law to cease this action immediately. Calling a consumer's home at all hours of the day and night is also prohibited by rule of the FDCPA and limited to 8am to 9pm. If you work at night and rest during these hours, you have the right to change these hours and the agency must adhere.
Debt collectors are also prohibited of contacting your friends or relatives or any third party that they feel may be of help in collecting a debt from a consumer. Misrepresentation to family members may be used to determine that they have your correct phone number and address. This is a violation of law but difficult to prove unless immediate steps are taken to document the phone call. Reverse phone lookup can authenticate the caller for later use in a lawsuit and writing down the name of the individual wanting to make contact with the relative in question can be important in filing a report with authorities.
Take these steps to stop harassing phone calls from creditors. Collect data on the number of times they have called, the type of language used in their message and where the calls are being received. Using reverse phone lookup to determine that the party is a legitimate company and not some type of scam can retrieve pertinent information on the company in reporting their actions. Never give out personal information or confirm bank account numbers with someone that you are not absolutely sure of. Recording a phone conversation can also be valuable but the other party must be made aware that the discussion is being taped. Write a letter to the collection bureau making the harassing phone calls and demand that the phone calls stop and send by certified mail.
Debt collectors may also use other illegal activity in attempting to collect a debt in addition to harassment that should be noted. Making false statements regarding your non-payment is in violation of the law. Claiming that you have committed a crime, an incorrect amount of money that you owe or the representation of an attorney or government representative are all deceitful ways that a debt collector may use illegally. Further, a collection agency may not threaten you with arrest, seizing property or wages or legal action in an attempt to collect a debt.
Working out a plan with your creditor through a debt collection agency will often stop harassing phone calls but other actions should be closely monitored if this is done. For example, depositing post-dated checks early or seeing additional charges added to your amount due without explanation or agreement are activities that may be tried by collection agencies and are also in violation of the law.
If harassing phone calls continue after thirty days or any other type of illegal practices are taking place, contact your state Attorney General's office and the Federal Trade Commission to file a complaint. Legal action can then be taken because there is sufficient proof that the debt collection agency is in clear violation of the law. If you sue a collector within one year from the date the law was violated and win, the judge could order the collector to pay any damages suffered due to the illegal collection practices, such as medical bills and lost wages. Even if these types of injuries do not exist, the fine of $1,000 plus attorney's fees and court costs can be ordered.
Debt collection agencies work on a commission basis and are paid only when the debt is satisfied but ignoring a debt will not make it go away. You may win the battle from receiving harassing phone calls but the threat of garnishment could replace this action. If you are notified of a pending garnishment order, immediately contact the attorney to make arrangements to satisfy the debt or contact the court to argue a questionable amount. You will also be responsible for any legal fees that have been created in addition to the garnishment order if the court upholds the amount that you owe.
The best way to work with a collection agency is through the mail where everything is implicated in writing. Contact the debt collection agency in writing and request that this type of communication is the only form that will be answered to. The agency may not like this type of communication but it is your right to request. You will also have the best type of ammunition should you find yourself needing to take legal action against continuing harassment through phone calls.
*This is not intended to be a thorough explanation of the law, nor does it attempt to offer legal advice. If you intend to make full use of this law, you should first consult an attorney. However you choose to use this information is with your full responsibility and at your own risk.
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