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Creditor Harassment

Are creditors hounding you? Then you should know that there are laws in place to protect you from unnecessary harassment and embarrassment. The U.S. government enacted these laws to protect those who are sincerely trying to meet their obligations but that are struggling. They know that not everyone who's behind on their bills is a "deadbeat" but that good people often get lumped into that category.

The Fair Debt Collection Practices Act requires that collectors treat you fairly. It does this by prohibiting certain methods of collection. Of course, you still are responsible for any debts you owe but you do have some protection

Personal, family and household debts are all covered under the FDCPA . This includes auto loans, medical care bills and charge accounts. It does not include business loans, though.

First, let's talk about what a debt collector is. A debt collector is any person, other than the creditor, who regularly collects debts owed to others. In 1986 an amendment to the FDCPA stated that attorneys who collect debts on a regular basis also fall under the FDCPA as a debt collector.

A collector can contact you through several means, including in person, by mail, by telephone, telegram, or FAX but they may not contact you at unreasonable times or places. Generally, this is considered any time before 8 a.m. and 9 p.m. Also, unless you agree to it, a debt collector may not contact you at work.

You can stop a debt collector from contacting you by writing a letter to the agency requesting that they stop attempting to contact you. Then they may only contact you to say there will be no further contact or to notify you if they or the creditor intends to take some specific action.

A debt collector can contact other people to find out where you live and work, if you do not have an attorney. However, if you have an attorney, they may only speak with you or your attorney. In most cases, though, a collector is not permitted to tell anyone other than you or your attorney that you owe money.

The debt collector must send you a written notice telling you of the amount of money you owe, who you owe the money to, and what action to take if you believe you do not owe the money - within five days after they first contact you.

If you send the collection agency a letter stating you do not owe money within 30 days of the date you are first contacted the collection agency can not contact you until they can send you proof. Once they send you proof, such as a copy of the bill, the collection agency may resume collection attempts.

Debt collectors cannot harass, oppress or abuse any person. They also can't use unfair practices or make false statements. Therefore, the following examples would not be allowed:

Threats of physical violence.
Threats to your reputation.
Publicizing the debt.
Obscene language.
Repeated telephoning.
Failure to identify themselves.
Implying that you have committed a crime (when you haven't)
Misrepresent the amount of the debt
Imply that they are attorneys/police
Imply that something is a legal form when it is not.
Imply that something is not a legal form when it is.
Imply that an attorney is involved with the collection process when one isn't
Imply that you will be arrested if you do not pay.
State that they intend to seize property unless they intend to do so and it is legal to do so.
State that a lawsuit is or will be taken against you if they don't intend to file one or if it is illegal to do so.
Giving false credit information about you to anyone
Send you anything that looks like an official document that is not one.
Use a false name
Collect any amount greater than your debt (unless allowed by law)
Deposit a post-dated check prematurely
Call you collect
Contact you by postcard.

In addition to these rights, you have the right to control how your payments are applied when there is more than one debt. The payments you make must be applied to the debt you indicate and a debt collector can not apply a payment to any debt that you believe you do not owe or that you are unaware of.

If you believe you have been unfairly treated, you have the right to sue the collection agency in a state or federal court within one year from the date your rights were violated. If you win you can recover money for any damages you may have suffered as well as court costs and attorney's fees. You should also report any problems you have with a debt collector to your state's Attorney General's office and the Federal Trade Commission. Each state has their own laws as well, so contacting these agencies is very important.