What Can My Debt Collector Can and Can't Do To Me?

FinanceMortgage & Debt

  • Author Liz Roberts
  • Published March 29, 2010
  • Word count 478

Sometimes creditors assign a debt collection agency to manage the collection of a customer’s past due debts. As a borrower it does not decrease your right to privacy and respect even if a debt collector takes over debt collection.

The FDCPA or Fair Debt Collection Practices Act has certain rules on how a debt collector should carry out their obligations. Unfortunately, there are some debt collection agencies who cross their boundaries and are even inclined to disrespect or abuse borrowers.

Have you been a victim of an unjust collection practice, like being threatened or harassed by a debt collector? Know your consumer rights and if you know that some of your rights have been violated, you can do something about it. You can immediately report to the Attorney General's Office in your State and file for a complaint to the FTC.

The following are a few of the unjust activities that a debt collector should never attempt to do to a person in-debt:

• Calling at your office even after being informed not to- Some employers do not allow such calls and if your debt collector continues to contact you in your workplace after being instructed not to do so, you may file a complaint.

• Calling at inappropriate hours- A debt collector can contact you after 8am, not after 9pm. If you gave permission for a creditor to call you after 9pm or before 8am, then that should be fine. However, if a collector attempts to call you at inappropriate hours without your approval, you may file a complaint against him or her.

• Using foul languages, threats and calling names- Any form of verbal harassment is a violation of your rights. Never tolerate a debt collector who does not treat you with respect.

• Using false information to intimidate or even scare you- If your debt collector informs you that you have been sued and your property will be confiscated, verify if such information is true or not. If no legal action has taken place, you may file for a complaint against the debt collector.

• Trying to contact you directly when you have an attorney- If you have an attorney who represents you, inform all your creditors about it. Under the law, the debt collectors must only contact the attorney and must never collect from the borrower directly.

• Reveal information about your debts to anybody- The debt collector should never bring out any information about your debts to your relatives, friends or your employer. A debt collector must respect your privacy rights. Details of debts are confidential matter that should only be between you and your creditor.

• Using threats to make you pay- Creditors and debt collectors should not use threats no matter how big or small your debts are. Debt collectors and creditors must be professional at all times. They must conduct business practices with respect and dignity.

Liz Roberts is a freelance writer and loan consultant. The website BadCreditResources.com offers resources that specialize in providing bad credit loans and credit cards for bad credit.

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