FTC Disclosure:

I am not paid or compensated in any way to write product reviews posted to this blog. There are affiliate links posted throughout this blog. So, when you click through on links and buy something, I may receive a commission. I pay for the products with my own funds. Product reviews always reflect my own experience with and honest opinion of the product as a consumer.

Saturday, March 26, 2011

How to Deal With Harassing Creditors and Debt Collectors

If you are getting harassing calls from creditors, know that you have rights under the law. When you have that knowledge, you empower yourself. Now, I am not saying that creditors don’t have a right to collect on an unpaid debt. Creditors absolutely are within their rights to use legal means to get the money that is owed. I think that the majority of debt collectors are professional and reasonable in their approach. However, should you ever encounter an unscrupulous and nasty debt collector, there is a federal law that protects you. It is called the Fair Debt Collection Practices Act (FDCPA). I have summarized the points that I think are most important below. The FDCPA refers to people who are obligated to pay debts as “consumers”, so this is the term that I will use is my summary.


Debt collectors are not allowed to do the following things:
  • Discuss details about a consumer’s debt to a third party, such as relatives, employers, neighbors, etc.
  • Send postcards
  • Communicate more than once with third parties about contacting the consumer
  • Use language on the outside of mailed correspondence which identifies that the mailing is in regards to a debt collection or that the mailing is from a debt collector
  • Communicate with the consumer or third parties after notification that the consumer is represented by an attorney; All communications must occur through the attorney
  • Contact the consumer regarding the debt before 8 a.m. and after 9 p.m., in the consumer’s time zone
  • Contact the consumer at his or her place of employment, after being told not to
  • Contact the consumer about the debt after receiving written notification by the consumer to cease contact; Afterwards, the debt collector can contact the consumer only to give notice of further legal action, like lawsuit.
  • Engage in behavior that is meant to harass, oppress, or abuse the consumer
  • Use threat of physical violence, harm to reputation, or property damage
  • Use profane, obscene, or abusive language in communications with the consumer (for example, threatening to shoot your dog)
  • Publish a list of the names of consumers that have not paid their debts, except to a consumer credit reporting agency, such as Equifax.
  • Cause a consumer’s phone to continually ring in order to annoy or harass
  • Misrepresent that the debt collector is a law firm, affiliated with law enforcement, and/or the government
  • Misrepresent the nature, status, and amount of debts (For example, claim that a consumer owes a debt when in reality, the consumer does not owe a debt)
  • Tell a consumer that he or she will be arrested for not paying the debt (debtor’s prison does not exist in the United States)
  • Threaten to seize property or garnish wages unless it is intended through a legal process
  • Distribute a misleading or phony legal document regarding the debt or misrepresent that a document is authorized by the government or court system ( example, a phony summons, search warrant)
  • Collect amounts besides the amount of the original debt and lawful interest and fees
  • Coerce consumers to submit postdated checks


If you feel that you are being harassed by a debt collector, get the name of that collector. Also, save any harassing messages or correspondence received. Next, contact an attorney that deals with harassment by debt collectors. Then, you can determine whether you should file a lawsuit against the debt collector and a formal complaint with the Federal Trade Commission. If the debt collector is found to be in violation of the FDCPA, you may be able to get damages, attorneys fees, and costs in a lawsuit, plus the FTC could impose a fine on the debt collector. Please be aware that this law does not apply to in house collectors working for original creditors. You might want to check your state statutes to learn what your rights are when it comes to in house collection from the orginal creditor.  There are some other areas of this law that I didn’t summarize here.  You can read more about the Fair Debt Collection Practices Act at ftc.gov.


Copyright 2011- www.thewhimsicalmusingsofsusan.com

No comments:

Post a Comment

This blog is moderated. Please do not spam this blog. Any comments that include promotional links will be deleted. Thanks.

Labels

2013MTV Video Music Awards (1) 3G network (2) 401k (1) 4G network (2) advertisements (1) Air Wick Freshmatic Ultra Odor Detect Spray kit (1) Alberto VO5 2-in-1 shampoo + conditioner (1) Android (1) anti-aging skin care products (1) antioxidants (1) Aquaphor Healing Ointment (1) ATand T Flash mob commercial (1) Autozone (2) Aveeno active naturals 1% Hydrocortisone Anti-Itch cream (1) baby wipes (1) bad boss (1) bad job interviews (1) badmouthing (1) balance transfer (1) Bank of America (1) Bank of America $410 million lawsuit (1) Bank of America overdraft class action lawsuit 2011 (1) Bank of America scam (1) bargain shopping (17) Bayer Contour USB Blood Glucose Meter (1) beggars (1) Bic Soleil Bella razors (1) Biore pore unclogging scrub (1) Blendtec comparison (1) Blueberries (1) braids and weaves (1) Breville Juice Fountain Compact BJE200XL (1) buying habits (1) buying stuff off the streets (1) Caitlyn Bruce Jenner (1) call center (1) Car buying (1) car maintenance (1) Car salesman (1) Celestial Seasonings Sleepytime Extra Tea (1) cell phone (1) child abuse (1) Christian hypocrisy (1) collection agency (1) college debt (4) colon cleanser (1) complaining about your job (1) compression stockings (2) compression therapy (2) consumer credit counseling service (1) corporate corruption (1) corporate lobbyists (1) Cosmetic Surgery (1) count your blessings (1) coupon basics (1) coupons (21) credit card (1) credit card debt (1) Creme of Nature Replenishing Sheen Spray with Argan Oil from Morocco (1) CSR job (1) customer service (4) Customer service representative (1) cutting your grocery bill with coupons (2) CVS (16) CVs 100% Organic Cotton Tote Bag (1) CVS ExtraCare Rewards Program (16) CVS Green Bag Tag (2) Dax Pomade (1) dead snake in the grass (1) dealing with cockroach infestation (1) debit card fee (1) debt (1) debt collection (1) Debt Collectors (1) debt consolidation (1) debt consolidation loan (1) debt settlement (1) difficult people (1) Digital Coin Counter (1) distracted driving bicycling and walking (1) doctor (1) Dodd-Frank Wall Street Reform (1) Dove Damage Therapy Intensive Repair Conditioner (1) Dove Damage Therapy Intensive Repair Shampoo (1) Dr. Scholl's Advanced Comfort shoes (1) Dr. Scholl's gel insoles (1) dumb spending habits (1) Durbin Amendment (1) education (1) Effects of Type II Diabetes and High Blood Pressure on the Kidneys (1) emotional baggage and trauma (1) employment (4) employment issues (5) Extra strength Benadryl Itch Stopping Cream (1) Extrabucks (4) Fair Debt Collection Practices Act (1) Family and money (1) family disputes over money and property (1) fast food (3) Federal Income tax returns (2) Femininst Movement (1) Ferguson (1) fibroids (1) fiscal cliff (1) fishing pier (1) Florida (1) Florida beaches (1) Florida living (1) Florida tourism (1) Florida travel (1) food allergies (1) foot pain (1) free coupons (1) FTC (1) Futuro Energizing Ultra Sheer Knee Highs for Women (1) Games that Men Play (1) garnish wages (1) get fired (1) get free coupons in the mail (1) Ghetto people (2) Gillette Daisy Razors classic (1) Gillette Venus and Olay Razor (1) Going natural (1) Google (1) gratitude (1) hair care (4) harassing bill collectors (1) harassing phone calls (1) harassment by bill collectors (1) health benefits (1) health benefits of juicing (1) Healthcare system (1) higher education (4) higher taxes (1) home equity loan (1) homelessness (1) Hot Shot MaxAttrax Roach Killing Powder with boric acid (1) hotels (1) hotels.com (1) How to deal with a cheating spouse (1) How to Keep Your customer service job (1) Huggies Natural Care Thick N Clean (1) hurting feet (1) illegal debt collection (1) Individual Retirement Account (1) interest rate (1) internet (2) Interracial dating and relationships (1) IRA (1) Is the Ninja blender any good? (1) Iyanla Fix My Life (1) Iyanla Vanzant (1) job interview (1) Johnson and Johnson (1) junk food (2) knowledge (1) L'Oreal Youth Code (1) La Quinta Inn and Suites (1) lactose intolerance (1) Lady Speed Stick Invisible Dry deodorant (1) lawsuit (1) learning (1) lending money to family (1) let go of toxic people (3) LG Optimus V Android Smartphone (1) lingere (1) local calling (1) Lysol Disinfectant Spray (1) make money online (1) manipulators (1) mass transit (1) McDonald's McCafe Stawberry Banana Smoothie (2) medical (1) Metro PCS (1) Miley Cyrus (1) mindset (1) MO (1) money (1) Money Saving Jar (1) muscle soreness (1) Myoflex Odorless Pain Relief Ointment (1) Natural hair care (2) natural treatment fibroids (1) natural ways to shrink fibroids (1) Nature's Secret Ultimate Cleanse (1) never miss a golden opportunity to shut up (1) New Balance Walking shoes (1) New Thought movement (1) Ninja NJ600 Bender (1) Ninja Professional Blender NJ600 (1) Nivea Kiss of Flavor Cherry Tinted Lip Care (1) Novatel Ovation MC760 USB Modem (1) Nutella Hazelnut spread with cocoa and skim milk (1) nutrition (1) Occupy Wall Street (1) online paid surveys (1) Organix (1) Organix hydating Moroccan Argan Oil Creamy Oil Body Wash (1) overdraft fees (1) OWS (1) pain relief (1) Panhandlers (1) panties (1) passenger trains (1) pay negotiation (1) paying for college (2) payroll taxes (1) pest control (1) plastic surgery (1) polyphenols (1) Pompano Beach (1) poverty (1) problems with the church (2) Product Reviews (46) Prosperity Gospel (2) Prosperity Pimp Preachers (1) protests (1) Pterostilbene (1) Public schools need improvement (2) public transportation (1) Publix (1) Purpose Gentle Cleansing Wash (1) Rachel Dolezal and transracialism (1) Raid Max Bug Barrier with Auto Trigger (1) random (1) Ratchet behaviors (1) Reality TV (1) Register Rewards (1) relationships and dating (1) religion and Christianity (2) respect for patients (1) retinol (1) retirement (1) Review of Aveeno Active Naturals Skin Relief Calming Lotion with Cooling Action (1) review of Cascadian Farms Organic Cinnamon Raisin Granola Cereal (1) Review of Dawn Hand Renewal with Olay Beauty (1) Review of Gain Ultra Antibacterial Hand Soap/Dishwashing Liquid (1) Review of Kashi TLC Chewy Granola Bars (1) Review of Lever 2000 bar soap (1) Review of Monster Energy drink (1) review of Special K Protein shakes (1) Review of Suave Advanced Therapy Body Lotion (1) Review of Toshiba Satellite laptop L505-ES5018 (1) review of Virgin Mobile Broadband2Go (1) roach infestation (1) roaches (1) Robin Thicke (1) Roc Retinol (1) Roc Retinol Correxion Deep Wrinkle Serum (1) Roc Retinol Correxion Sensitve Eye Cream (1) sabotage in the workplace (2) Sandra Bland (1) saving money (16) saving on groceries (1) scam artists (1) scams (1) Sears (1) sexual harassment (1) shopping (16) shopping haul (16) skin care (6) skincare (2) smartphone (1) smoothies (1) So Delicious coconut milk unsweetened (1) social media (1) Social Security (1) SoftSheen Carson Sta-Sof-Fro Hair and Scalp Spray (1) spider veins (2) squandered legacy (1) Stank of America (2) stolen property (1) student loan (3) student loan default (1) stupid people (2) submission in relationships (1) surgeon (1) T-Mobile (1) Taco Bell Frutista Freeze (1) technology (1) telephone sales (1) the dangers of milk and eggs (1) The Law of Attraction (1) The Secret (1) The shooting death of Mike Brown (1) the value of a college education (1) TLC Extreme Couponing show (1) Tom's of Maine Long Lasting Deodorant (1) toxic people (4) toxic relationships (1) Traction Alopecia from wigs (1) trains (1) transgender issues (1) transitioning to natural hair (1) travel arrangements (1) travel booking (1) Tri-Rail (1) TV commercials (1) U by Kotex (2) U by Kotex Clean Wear Heavy Flow Pads (1) U.S. Department of Educastion (1) underwear (1) varicose veins (2) vicarious liability (1) Victoria's Secret (1) Victoria's Secret sale (1) Virgin Mobile TopUp Card (1) Virgin Mobile Wireless (1) virtual dating and courtship (3) Vitamix comparison (1) Walgreens haul (1) Walmart (2) wasteful spending (1) wasting income tax return money (2) wasting money (2) ways to earn money online (1) ways to make money (1) ways to make money when you don't have a job (1) wealth (1) Wells Fargo (1) what are coupons (1) What is ghetto? (2) Wheat thins (1) Wheat thins commercial (1) Where to buy Ninja blender? (1) where to find coupons (1) White male dominated establishment (2) why are people so mean to children? (1) Why do women forget they are wearing a tampon? (1) Why I Don't Go to Church (4) Why you should not allow others to drive your car (1) Wild Growth Hair Oil (1) Winn-Dixie (1) wireless service (2) Women's rights (1) workplace assholes (2) Workplace racism (1) workplace sexual harassment (1) X Factor (1)