How to Stop Harassing Debt Collectors

If you are confronted with harassing debt collectors, you need to learn how to deal with them. The national consumer protection agency which is the Federal Trade Commission (FTC), prohibits harassing debt collectors from using abusive, unfair, or deceptive practices to collect debts from you. Federal law, the Fair Debt Collection Practices Act (FDCPA), gives authority to the FTC to regulate debt collection practices.

A debt collector is defined under the FTCP as someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis and companies that buy delinquent debts and then try to collect them.

The following include frequently asked questions and

answers when you are dealing with harassing debt

collectors under the FDCPA.

When dealing with harassing debt collectors, what types of debts are covered?

The FDCPA includes personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.

Can a harassing debt collector contact me any time or any place?

No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.  Harassing debt collectors.

How can I stop a harassing debt collector from contacting me? If a collector contacts you about a debt, it may be wise to talk to with them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:

Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the harassing debt collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the harassing debt collector from contacting you. The creditor or the debt collector can still file a lawsuit against you to collect the debt.

Can harassing debt collectors contact anyone else

about my debt?

If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

What does the harassing debt collector have to tell me about the debt?

Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

Can a harassing debt collector keep contacting me if I don’t think I owe any money?

If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. Harassing debt collector. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.

What practices are off limits for harassing debt collectors?

Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:

use threats of violence or harm; harrassing debt collectors may not publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies); use obscene or profane language; or harassing debt collectors may not repeatedly use the phone to annoy someone. False statements. Harassing debt collectors may not lie when they are trying to collect a debt. For example, they may not:

falsely claim that they are attorneys or government representatives; falsely claim that you have committed a crime; falsely represent that they operate or work for a credit reporting company; harassing debt collectors may not misrepresent the amount you owe; harassing debt collectors shous nor indicate that papers they send you are legal forms if they aren’t; or indicate that papers they send to you aren’t legal forms if they are.

Debt collectors also are prohibited from saying that:

you will be arrested if you don’t pay your debt; they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or horassing debt colletors should not say legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

Debt collectors may not:

give false credit information about you to anyone, including a credit reporting company; send you anything that looks like an official document from a court or government agency if it isn’t; or use a false company name.

Unfair practices. Harassing debt collectors may not

engage in unfair practices when they try to collect

a debt. For example, they may not:

try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge; deposit a post-dated check early; take or threaten to take your property unless it can be done legally; or contact you by postcard.

Can I control which debts my payments apply to?

Yes. If a harassing debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.

Can a debt collector garnish my bank account or my wages?

If you don’t pay a debt, a creditor or harassing debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt. Harassing debt collectors are reqyuired to follow the same laws as every other creditor.

Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.

Can harassing debt collectors garnish my federal benefits? Many federal benefits are exempt from garnishment, including:

Social Security Benefits Supplemental Security Income (SSI) Benefits Veterans’ Benefits Civil Service and Federal Retirement and Disability Benefits Service Members’ Pay Military Annuities and Survivors’ Benefits Student Assistance Railroad Retirement Benefits Merchant Seamen Wages Longshoremen’s and Harbor Workers’ Death and Disability Benefits Foreign Service Retirement and Disability Benefits Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S. Federal Emergency Management Agency Federal Disaster Assistance But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.

Do I have any recourse if I think harassing debt collectors have violated the law?

You have the right to sue harassing debt collectors in a state or federal court within one year from the date the law was violated. If you win, the judge can require the harassing debt collectors to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the harassing debt collectors to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue harassing debt collectors as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. However, even if harassing debt collectors violate the FDCPA in trying to collect a debt, the debt does not go away if you owe it.

What should I do if a debt collector sues me?

If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.

What action can I take if I’m dealing with harassing

debt collectors?

Report any problems you have with harassing debt collectors to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). However, it seems the state or federal agencies will usually not get involved unless the violation involves many people or unless it involves unusually bad conduct on the part of the harassing debt collectors. You can stop harassing debt collectors.

A more effective approach is usually to contact a private attorney who sues harassing debt collectors. Private attorneys will usually handle cases that involve harassing debt collectors without charging you a fee. Rather, they get paid when the settle or get money from a judgment against the harassing debt collector. In addition, they can usually get the harassing debt collectors to stop contacting you.

Stop Harassing Debt Collectors Today – Call Anytime at 1-888-527-6207 – Stop Harassing Debt Collectors.