Are You Experiencing Collection Harassment by a Debt Collector? Here"s What to Do
You're receiving calls all hours of the night, and when you pick up the phone, it's someone wanting your bank account number to pay a debt. Or maybe you're being hounded about a debt that you're not even sure is yours. Perhaps you're sick of being called names and ridiculed by a debt collector because you lost your job and aren't able to pay your bills. Whatever is going on, if you're the victim of debt collection harassment, we've got good news for you.
The Law is on Your Side
A debt collector can't do just anything to collect a debt. Instead, it's required that all debt collectors follow the rules set out by the Fair Debt Collection Practices Act (FDCPA). Lawmakers realized that consumers were experiencing high rates of debt collection harassment, and that's why they passed the FDCPA. The Act lays down specific guidelines that the bill collector must follow, and if they don't, they could find themselves in a court of law being sued by the consumer.
For instance, the FDCPA says that collection harassment by telephone is not allowed. And although the Act doesn't define what constitutes harassment, it's generally understood that a debt collector isn't allowed to call you repeatedly in order to harass you into paying a debt. In addition, you-the consumer-get to decide how, or even if, you want to communicate with the bill collector. If you aren't allowed to receive telephone calls at work, you can tell them that, and according to the law, they have to stop calling you there. In addition, they are only allowed to call you between the hours of 8 AM and 9 PM in your time zone. If you don't want to receive any calls at all from the debt collector, you have the right to send them a cease and desist letter, and they'll no longer have the right to cal you. Please note that just because they won't be able to call, they won't lose their right to continue to try and collect the debt.
How to Protect Yourself
Some states allow you to record telephone calls from a debt collector, and if yours does, you should immediately begin recording all calls. In addition, make a note of the dates and times that they call and keep a running log of how many times a day or week that they call. Keep all written correspondence from the bill collector, and be sure to use certified mail with return receipt requested any time that you send them anything.
If you're experiencing debt collection harassment by a debt collector, you should contact a fair debt attorney and explain your situation. Take them the documents and recordings that you've collected, and ask them if you have enough to file a lawsuit against the debt collector. The law looks unfavorably upon debt collection harassment, and that means that you could win a lawsuit against the debt collector.
The Law is on Your Side
A debt collector can't do just anything to collect a debt. Instead, it's required that all debt collectors follow the rules set out by the Fair Debt Collection Practices Act (FDCPA). Lawmakers realized that consumers were experiencing high rates of debt collection harassment, and that's why they passed the FDCPA. The Act lays down specific guidelines that the bill collector must follow, and if they don't, they could find themselves in a court of law being sued by the consumer.
For instance, the FDCPA says that collection harassment by telephone is not allowed. And although the Act doesn't define what constitutes harassment, it's generally understood that a debt collector isn't allowed to call you repeatedly in order to harass you into paying a debt. In addition, you-the consumer-get to decide how, or even if, you want to communicate with the bill collector. If you aren't allowed to receive telephone calls at work, you can tell them that, and according to the law, they have to stop calling you there. In addition, they are only allowed to call you between the hours of 8 AM and 9 PM in your time zone. If you don't want to receive any calls at all from the debt collector, you have the right to send them a cease and desist letter, and they'll no longer have the right to cal you. Please note that just because they won't be able to call, they won't lose their right to continue to try and collect the debt.
How to Protect Yourself
Some states allow you to record telephone calls from a debt collector, and if yours does, you should immediately begin recording all calls. In addition, make a note of the dates and times that they call and keep a running log of how many times a day or week that they call. Keep all written correspondence from the bill collector, and be sure to use certified mail with return receipt requested any time that you send them anything.
If you're experiencing debt collection harassment by a debt collector, you should contact a fair debt attorney and explain your situation. Take them the documents and recordings that you've collected, and ask them if you have enough to file a lawsuit against the debt collector. The law looks unfavorably upon debt collection harassment, and that means that you could win a lawsuit against the debt collector.