Are you scared to answer your phone? Have collection agencies been calling you non stop? Have they come to your door? Do you leave the lights off in fear that someone will think you are home?
None of that should be happening to you. Stop collection agencies from harassing you now. You can find out what the law really states by reading the Fair Debt Collection Practices Act. Here are the high lights:
- Debt collectors should only contact you between 8 a.m. and 9 p.m.
- Debt collectors may not talk to third parties about your debt unless you or a court gives them permission.
- They may not use obscene or profane language.
- They may not threaten you with violence towards your body, your reputation or your property.
- They may not call you excessively on the telephone.
These are only the tip of the iceberg when it comes to collection agencies rules. There are many rules which all come out to making it illegal for collection agencies to work under false pretenses. The mere fact, that very specific cases had to be cited in the Fair Debt Collection Practices Act, tells you that those practices were not uncommon. We have certainly all seen them used in the movies.
Paying collection agencies may not be the wisest move. Really, you want to make sure your debts are paid off with whomever you got in debt with, whether it is a car dealer, a department store or your landlord. Collection agencies tend to have a bad reputation, so make sure you ask for legal documents before you pay anything. Of course, if you owe a debt, you should pay it off.
If you do not owe a debt, write a letter to collection agencies and inform them of this. Also request, in writing, the amount of debt and who the debt is owed to. If the debt has been sold, you are also entitled to find out, who the original creditor was. When dealing with collection agencies, make sure you document everything, every telephone call, every personal contact, every letter.
You want to have proof of any instances where the collection agency broke the law, and you want to have proof that you paid your debt. Dealing with debt collectors is never a pleasant experience, however, you can make it easier on yourself, if you know the rules. Consumers do have rights.
Debtors rarely go to jail. If a debt collector threatens to garnish your wages, you should have been served with papers already. It takes a legal judgement to be able to get at your paycheck. So don’t panic. Do not let them pressure you into an immediate payment without knowing what it is for.
Even though those kinds of tactics are illegal, they are still used. Do not fall for them. Yes, you may have gotten yourself into debt, but strictly speaking that is not a crime. Harrassment is. So is pretending to have legal documents when they do not, or sending you a postcard about your debt. Debt collection agencies are obligated to respect your right to privacy. Sending a postcard would violate that since anyone can read a postcard without having to open anything.
If you are having a problem, read the Fair Debt Collection Practices Act and if a debt collection agency is harrassing you or not following the law, get some legal help. Many communities have weekly or monthly free legal advice sessions. So, even if you can’t afford a lawyer, you can get help.












