What Can I Do To Defend Myself From Debt Collectors?
Sarah Dinkins
November 24, 2006
If you’ve failed to repay your debts and you’ve come to that stage of the debt process when your debt has been handed over to debt collectors, there is some information that you need to be aware of. Debt collectors may start with their harassing calls but the law protects you in several ways. Knowing your rights will let you defend yourself.
Though a debt collector is entitled to pursue different collection methods, certain intimidation tactics are illegal and you can always take legal action against them whenever they break the law. Debt Collectors debt collectors can be really stressful; however, if you know how to protect yourself you can get some ease.
The Fair Debt Collection Practices Act
This Act protects consumers from unfair methods or harassment by debt collectors. You need to understand that this law applies to collection agencies (and not the original creditor). Thus, whenever you are contacted by a debt collector, the following information has to be provided:
Debt collectors must identify themselves, their agency, the original creditor's name and the amount owed. You can dispute this amount within 30 days and rightfully demand them to stop contacting you if you have already canceled your debt or if it is illegitimate. Through a written cease-contact letter you can request them to stop calling you and sending you letters. After this, they will only be allowed to call and inform you that they have decided to desist from collection that they will sue.
Illegal Practices
It is illegal for debt collectors to make phone calls before 8am in the morning or after 9pm at night. Moreover they cannot call you at a friend’s or neighbor’s house or at your workplace. Also, it is strictly forbidden to call your employer or use your job as means to intimidate you in any way.
It is also absolutely prohibited to threaten you with seizure of your property or imprisonment, personal harm, or any other illegal or aggressive intimidation. Furthermore use of profane language is banned too as any kind of disrespectful language or method of collection.
A common practice that is also banned by the act is to contact a third party to find you. By discussing your debt with friends, family, employers, your lawyer, spouse and co-debtor debt collectors are incurring in an illegal activity forbidden by the Fair Debt Collection Practices Act. It is also prohibited to send mail resembling legal papers or demand payment by wire, overnight mail or credit card.
Your Defense Weapons
The FDCPA gives you the right to tell Debt Collectors to stop contacting (even if they are not breaking the law) you through a letter stating the agency to cease all communications with you. All agency employees will be prohibited from contacting you, except to inform that collection efforts have ended or if they plan to sue you.
Document Illegal Behavior: If a debt collector breaks the law, document every detail of the violation immediately especially mention time and witnesses. Keep another person present during all future communications with the collector. Some states allow you to record phone conversations without the debt collector’s knowledge. Others consider this illegal.
File a Complaint: File an official complaint with the Federal Trade Commission (FTC), which oversees collection agencies. Send a complaint form, or a letter with the collection agencies name, address, collectors name, dates and times of conversations, names of witnesses, and copies of offending materials you received. To protect themselves from their own liability they might cancel the debt.
Sue the Debt Collector: A victim of abusive behavior, can sue the collection agency but only if it was an extreme case. You can on your own sort it in small claims court, or hire a lawyer, but his fee could add to your costs. You are entitled to (unrelated to actual losses) up to $1,000 for any violation of the FDCPA.
Though a debt collector is entitled to pursue different collection methods, certain intimidation tactics are illegal and you can always take legal action against them whenever they break the law. Debt Collectors debt collectors can be really stressful; however, if you know how to protect yourself you can get some ease.
The Fair Debt Collection Practices Act
This Act protects consumers from unfair methods or harassment by debt collectors. You need to understand that this law applies to collection agencies (and not the original creditor). Thus, whenever you are contacted by a debt collector, the following information has to be provided:
Debt collectors must identify themselves, their agency, the original creditor's name and the amount owed. You can dispute this amount within 30 days and rightfully demand them to stop contacting you if you have already canceled your debt or if it is illegitimate. Through a written cease-contact letter you can request them to stop calling you and sending you letters. After this, they will only be allowed to call and inform you that they have decided to desist from collection that they will sue.
Illegal Practices
It is illegal for debt collectors to make phone calls before 8am in the morning or after 9pm at night. Moreover they cannot call you at a friend’s or neighbor’s house or at your workplace. Also, it is strictly forbidden to call your employer or use your job as means to intimidate you in any way.
It is also absolutely prohibited to threaten you with seizure of your property or imprisonment, personal harm, or any other illegal or aggressive intimidation. Furthermore use of profane language is banned too as any kind of disrespectful language or method of collection.
A common practice that is also banned by the act is to contact a third party to find you. By discussing your debt with friends, family, employers, your lawyer, spouse and co-debtor debt collectors are incurring in an illegal activity forbidden by the Fair Debt Collection Practices Act. It is also prohibited to send mail resembling legal papers or demand payment by wire, overnight mail or credit card.
Your Defense Weapons
The FDCPA gives you the right to tell Debt Collectors to stop contacting (even if they are not breaking the law) you through a letter stating the agency to cease all communications with you. All agency employees will be prohibited from contacting you, except to inform that collection efforts have ended or if they plan to sue you.
Document Illegal Behavior: If a debt collector breaks the law, document every detail of the violation immediately especially mention time and witnesses. Keep another person present during all future communications with the collector. Some states allow you to record phone conversations without the debt collector’s knowledge. Others consider this illegal.
File a Complaint: File an official complaint with the Federal Trade Commission (FTC), which oversees collection agencies. Send a complaint form, or a letter with the collection agencies name, address, collectors name, dates and times of conversations, names of witnesses, and copies of offending materials you received. To protect themselves from their own liability they might cancel the debt.
Sue the Debt Collector: A victim of abusive behavior, can sue the collection agency but only if it was an extreme case. You can on your own sort it in small claims court, or hire a lawyer, but his fee could add to your costs. You are entitled to (unrelated to actual losses) up to $1,000 for any violation of the FDCPA.
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