Are Debt Collectors Harassing You? How to Make Them Stop!
If you've been a victim of job loss, medical emergency or other cause
of income loss, you may be one of the millions of individuals facing a
pile of debts that you cannot cover. Miss one or two payments and you
can expect to get a call from a debt collector.
Calls from debt collectors trying to find you at your place of
employment can be humiliating. You may already be screening your calls,
your chest tightening as you realize it's them - again.
While not every debt collector is unsympathetic and berating they
likely do have to steel themselves for many of the sad stories given to
them as explanations for past due debts. They are also frequently
rewarded for their efforts in collecting the debt with a commission
based on the amount obtained. It is easy to see why it is not uncommon
for individuals who are already in a desperate state to fear encounters
with the more aggressive collectors who are determined to get their
fees.
"What Are They Allowed to Do?"
Debt collectors are allowed to contact you by in person, by mail, by
telegram, by fax and by phone; at home or at work - unless they know
your employer would disapprove. They may also not contact you before 8
a.m. or after 9 p.m. unless you have agreed to the contact at that time.
They must contact your attorney unless you don't have one. They may
then contact other people to find out your telephone number, work place
or address, but in most cases they are not allowed to inform them that
you owe money or contact them more than once.
"What If I Don't Want to be Contacted?"
Whether or not you actually owe a debt you can write a letter to the
collector telling them to stop contact. They may then contact you only
once to inform you that they will make no further contact or to tell
you what action may be taken against you.
Stopping contact will not clear the debt. If you do not believe you owe the debt make that clear in your letter.
"What Can I Do If I Am Harassed?"
The FTC (Federal Trade Commission) has a Fair Debt Collection policy to
protect consumers. Knowing your rights will put off even the most
determined collector since they already know the law and are pressing
you on the assumption that you don't.
Debt collectors are NOT allowed to harass, abuse or oppress you or
other individuals on your behalf - that includes obscene language,
threats of violence or repeated calling in an effort to annoy.
They are not allowed to misrepresent themselves as government agents,
attorneys or representing a credit bureau if they are not. They cannot
imply they are sending legal documents if they aren't or that you've
committed a crime, if you haven't.
They cannot imply legal action, including seizing property or
garnishing wages unless they are legally allowed and intend to do so.
You can find out more about your rights from the FTC. If you want to
report an agent you can do so by contacting the FTC or your Attorney
General. If they are breaking the law you have the right to sue.