Monday, October 6, 2008

How to Stop Debt Collector Harrassment

by: Debbie Dragon

There are some debt collectors who take their jobs very seriously, but completely ignore regulations designed to protect consumers. They will do or say just about anything to get their clients (debtors) to repay their debts. Debt collectors are typically hired by lenders to attempt to collect a debt on their behalf, although sometimes, debt collectors are another department within the same company. In 1977, the Fair Debt Collection Practices Act was passed to provide protection from consumers from abusive third-party debt collection practices. Here is the protection this act provides to you – and what to do if a debt collector is in violation of any of these provisions:

What Debt Collectors CANNOT Do:
  • Call you at work if you've specifically told them your employer doesn't approve of phone calls at the workplace.
  • Call you before 8am or after 9pm.
  • Lie to you
  • Imply that you've committed a crime.
  • Conceal their identity.
  • Ignore a written request from you that asks them to stop contacting you via telephone.
  • Harass or abuse you.
  • Send you a notice about a court judgement that isn't real.
  • Call someone else, other than your spouse, to talk about your debt.
  • Use profanities when talking to you on the phone
  • Threaten you or your personal property with violence.
  • Publish a listing (except to credit reporting bureaus) regarding your debt.
  • Contact you if you have an attorney to represent you regarding your debt.
  • Threaten to garnish your wages if they have no intention of doing so.
  • Add fees and additional charges to the amount you owe.

Are Your Fair Debt Collection Practices Act Rights Being Violated?

The Fair Debt Collection Practices Act offers protection to consumers who are in debt – but only if they know how to use it. If your rights under the FDCPA are violated, you have up to one year to file a lawsuit against the debt collector. If you are awarded the case, you will be reimbursed for attorney fees, actual damages, and up to $1,000 additional money.

If you think your rights have been violated by aggressive debt collectors, you can do something about it under the Fair Debt Collection Practices Act.

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