Featured News 2012 Creditor Harassment: Where the Boundaries Lie

Creditor Harassment: Where the Boundaries Lie

You know the number by heart- ten digits that strike fear in your heart when they flash onto your cell phone screen. It is a number that calls regularly, and it never brings good news. If you are being harassed by creditors, you are most likely on edge and irritated at the continuous calls. According to the Federal Trade Commission, all collectors' agencies are compelled to follow the Fair Debt Collection Practices Act. This act prohibits collectors from abusive, deceptive, or unfair practices.

Under the FDCPA, collectors are forbidden from harassing, oppressing, or abusing you or any related third parties through harsh phone calls or visits. They may not threaten you with violence or harm, use profane or obscene language, repeatedly annoy you with their phone calls, or publish a list of names with people who refuse to pay their debt. Instead, collectors must be cordial and professional on the phone, and contact you with a polite but clear purpose. Collectors are not permitted to lie when calling to collect a debt. For example, a creditor who claims that he is an attorney, or states that you have committed a crime when you are innocent could be sued for improper conduct. The Act prevents creditors from forging legal documents, misrepresenting the amount of money you owe, or lying about their place of employment.

By federal law, debts collector cannot say that you will be arrested if you fail to pay your dues, or send you "unofficial" documents. They are not allowed to threaten you by saying that they will seize, garnish, attach, or sell your assets unless they have been given this permission legally. Collectors are barred from threatening with legal action if they do not have the rights or intentions to go through with this. As well, creditors cannot slander you by giving false information to anyone about your debt.

Also, collections agencies are not allowed to contact you at inconvenient times. Creditors should not call between 9:00 pm and 8:00 am, unless you have given them special permission to do so. Also, collectors are not permitted to contact you at work if they are told verbally or in writing that you are not permitted to receive calls at that number. The FDCPA covers all personal, family, and household debts. This includes personal credit card payments, automobile loans medical bills, or your mortgage payments. The Act does not cover debts you incurred to run a new business.

Debt collectors may contact your friends and relatives but only to get your information, such as an address, phone number, or work location. In most cases, they cannot contact family members or friends more than once, and are not allowed to discuss your debt with these people. There is a special reservation for spouses, and a company can contact him or her regarding these issues. If you hire an attorney to help deal with this matter, then the debt collector will need to talk to him or her. This attorney can work as a mediator between you and the collections departments.

If you do not owe money, and believe that the creditors are mistaken, you should talk to them at least once on the phone. You may be able to resolve the matter by talking through when you last paid your bills. Often, bills can get mixed up in the mail or lost in electronic files, and it may just take a bit of investigating to set the record straight. If a conversation does not resolve your issue, and you want to end the string of collections calls that are flooding your phone, you should submit a request in writing.

According to the Federal Trade Commission, you should make a copy of your letter and send the original through the mail. Make sure to purchase a return receipt, which will give you proof that the collection's agency received this petition. After they have received the letter, the agency should stop contacting you unless they are calling to apologize and secure that there will be no further calls. When you write the agency, you may want to ask for a paper statement with verification of your debts. If you do have debts to pay, a collector has the right to continue calling. Also, a creditor can contact you if they intend to file a lawsuit against you. In this case, you will need to contact an attorney right away and discuss your options. In certain cases, bankruptcy may be the best way to pay off pressing financial obligations.

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