What To Do About Debt Collection Harassment

Author: Antonio Filippone

If you have ever fallen behind on a debt for more than a month you have probably experienced the dreaded call from the debt collector. And while some debt collectors are just people like you and me trying to do their job, others can be down right abrasive in their attempt to collect your back payments. Some people have been treated like a criminal, talked down too, embarrassed at their place of employment or even in there home while entertaining friends. This does not have to happen to you.

You should know that the Fair Credit Collection Practices Act (FDCPA) protects you as the debtor. The law does not negate the debt you own but it insures that you are treated fairly by debt collectors and it even prohibits certain types of collection practices.

If you are currently in this situation and you are concerned with maintaining a decent credit score in the future it is a good idea to try and make realistic payment arrangements that you can afford. If the collector attempts to have you agree to a payment arrangement that you know you can not follow through on simply say so and never agree to any terms that don't seem reasonable to you.

If however collectors are unwilling to cooperate and continue to harass you, ask them to stop calling. This usually will stop the calls but in case it doesn't you can then send them a Cease and Desist letter. This is much easier than it sounds. Here is what you can do.

Ask the caller for his companies name and address. (This is information they must disclose so do not be afraid to ask for it) Then write a standard business letter with your name and address at the top, the date, and your account # in question. Under that you will put their company name and address then after a brief greeting you can state, According to the Fair Debt Collection Practices Act,15 U.S.C. section 805., you are hereby notified to cease and desist all further communication with me in regard to the referenced account. Failure to comply will result in a complaint being filed against you with the Federal Trade Commission, the Attorney General of your state. I also reserve the right to file suit against you for any future violations of this law. I will record any phone calls if you fail to comply with this notice. Then ad your salutation and sign it. You want to be sure to mail the letter using certified mail using the return receipt requested feature.

This process almost always works but remember they do still have a right to continue to collect the debt. They can file a law suit to try and collect the debt. Although sending a cease and desist letter is a valuable tool, it should only be used when absolutely necessary and after reasonable negotiations have failed. Keeping open communication is a better choice as long as you are not being harassed.

Article Source: http://www.articlesbase.com/finance-articles/what-to-do-about-debt-collection-harassment-1862988.html

About the Author
Antonio Filippone is a respected Speaker, Author, and Consultant on the topic of financial planning for middle American people.Readers who are interested in learning how to quickly fix their money problems can read his unique story at http://www.NotYetWealthy.com

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Many consumers have their legal rights violated by collectors without even knowing it.  The Fair Debt Collection Practices Act is designed to stop harassing, unfair, and abusive debt collection practices.

Knowing the important details of this act will help you stand up against abusive collection practices and stop collection companies from violating your rights.

There are many requirements debt collectors must abide by per the FDCPA. 

Debt collectors are not allowed to tell others details about the consumer including that they owe a debt, they cannot communicate with anyone other than the consumer more than once, not communicate through post card or have ANY markings on the outside of their envelope indicating they might be a debt collector.

Basically, collection companies cannot use the fact that they are a debt collector to bully you into paying. 

They cannot identify themselves as a debt collector to your employer, and they cannot send things in the mail to identity they are a debt collector with the intent of embarrassing or causing other hardship to you. 

Debt collectors are also not allowed to call a consumer at an unusual time or place. This includes before 8 a.m. and after 9 p.m.  A debt collector cannot contact a consumer at their place of employment if they have reason to believe this is prohibited by the employer.

They are also required to immediately cease and desist contact with you if you are represented by and attorney, or if you notify them to do so in writing or notify them that you refuse to pay the debt.

There are many restrictions of abusive and harassing practices in the FDCPA also.  Debt collectors are prohibited from using the threat of violence or other criminal means to cause harm to the consumer.

The use of obscene language is prohibited along with the publication of information that the consumer allegedly owes the debt.

Debt collectors cannot cause a consumer’s phone to ring repetitively with the intent to annoy or harass any person.  And they have to clearly identify themselves on every phone call.

False and misleading representations are also prohibited per the FDCPA.  These include the debt collector identifying themselves as an affiliate of the United States government, miss-representing the legal status of a debt, or that they are an attorney if they are not.

Your debt collectors cannot falsely represent that the nonpayment could result in the arrest or imprisonment of the consumer or the seizure of their property or garnishment of their wages unless such action is lawful and the debt collector intends on taking that action. 

Debt collectors are not allowed to communicate to any person credit information which is known to be untrue or in dispute.  They also cannot falsely issue you documentation representing itself as coming from the courts.

They also are prohibited from using any false representation or deceptive means to collect a debt.  They must identify themselves to the consumer as a debt collector and that the nature of the call is for that purpose.

Debt collectors are NOT directly affiliated with the credit reporting agencies, and they cannot claim that they are per the FDCPA.

They cannot accept post dated checks of more than 5 days, or attempt to collect more than what is owed due to the original contract. 

They must also send a statement to each consumer within 5 days of contacting the consumer.  This letter must contain many things including the amount of the debt, creditor’s name, and many disclosures specific to FTC language.

 Any violations within this act can be costly to the debt collector, especially in the civil and class action aspects. 

To learn more about consumer credit laws and how they can help you challenge your creditors and win visit www.PerfectCreditFast.com. 

Resources-         Federal Trade Commission, http://www.ftc.gov

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Becoming a credit card holder is simple. However we overlook that if we do not pay our liabilities promptly excess use of these cards may bring high debts trouble.

Consequently, as a user it is essential to take some understanding of credit card debt law to guard your rights. Countless times we fall into conciliation with our credit card company to reduce the high rate of interest. However previous to going for any such discussions, there are certain legal process requires to be realized. These rights under legal process are prepared to protect the interest of both creditors and the credit holders.

Hector Milla Editor of the "Get Rid Of Credit Card Debt" website -- http://www.GetRidOfCreditCardDebts.net -- pointed out;

“…There are numbers of laws connected to diverse circumstances. One of such rule is State law. Under this law the state court states the period of settlement. In a number of states the payment period lies from three to ten years otherwise in several states it would be above this. But the line rule by the lawsuits depends on your appeal with the lender. Federal fair debt collection practices act is an additional legal process under credit card debt law. This act guards the unreasonable practice of lending and looks at as how the creditors respond with debtor to gather the payments…”

Credit card reform act incorporates the condition on raising interest rates. Under this if the user is under 21years of maturity and interest rate continue increasing on the exiting line than the settlement time could be lengthened by a notice. Bankruptcy proceeding as well comes under credit card debt law. The debtors can state themselves bankrupt by succeeding the choice presented under law and acquire liberty from debts. But this may harmfully affect their future financial state.

“…Previous to leaving for some credit card settlement matter recognize which law governs you best. Each credit card company functions on certain law circumstances. You could request them to provide you the list of them for future reference…” added H. Milla.

Further information about trusted and reputable companies for credit card debt settlement by visiting; http://www.GetRidOfCreditCardDebts.net

Popularity: 2% [?]

Very few people ever get into debt with the intention that they will not pay it off. Unfortunately, life can deal us all some tricky hands, and oftentimes it is just too difficult to see this obligation through. While it may not be your fault that you are suddenly unable to pay your debt, that won't stop the creditor harassment from coming. If you are the victim of credit harassment, it is important to know your rights under the law so you can handle the situation appropriately, snd speak with an advocate of Consumer Rights in GA .

The first step in the process is to not be intimidated by collection harassment. You have rights under the Fair Debt Collection Practices Act (FDCPA), and if you are unsure of exactly what those rights might be, you can always report the creditor to an experienced attorney. In Georgia, a leading advocate for consumer rights is the law firm of Persily & Associates Georgia Consumer Rights, like the team at http://www.persilylaw.com, who can explain those rights to you and provide the necessary methods to protect yourself. If you do not live in Georgia, Persily & Associates Atlanta Lawyers may be able to help you find a collection harassment lawyer in your state.

There are also a few simple steps that you can take yourself to ensure that your rights are protected and that creditor harassment ends.

The first step in fighting collection harassment is to make copies of all correspondence, including envelopes that show postmarks. Before you contact a consumer rights lawyer to protect creditor harassment, the more complete your records, the more likely you will be to win your case. Make sure to document all phone conversations with the company as well, and write down any potential creditor harassment that takes place during those calls. These might include threats of imprisonment or garnishment of wages, profane or obscene language, or other types of abusive behavior. An attorney can advise you on additional procedures that may be appropriate, such as keeping recordings of your conversations.

Finally, don't let creditor harassment push you into doing something you are uncomfortable with. Some creditors will try to persuade you to pay your debt using a post dated check or automatic withdrawals from your account. Others collection agencies may try to dictate the amount of the payments and the intervals in which they must be paid. Keep in mind that you are the one who decides how much and when to pay your debts, no matter how much creditor harassment is occurring on the other end. If the payments are more than you can afford, talk to your consumer rights attorney about setting up smaller payments that will be comfortable for your budget.

Creditor harassment can sap your energy and create stress and strain in your life. The good news is that it doesn't have to. When you know your rights and have an experienced Georgia attorney on your side, you can stop creditor harassment and go back to the task of living your life.

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Debt settlement legal issues should be considered by any person considering the option of settling his debts with his creditors.  The legal issues basically reduce down to these: what are your rights in relation to your creditors, and what are their rights concerning you, the debtor. Some of you who have experienced the harassment a creditor can rain down upon you will be relieved to know there is a big difference between what they can threaten to do, and what they can actually do.  If you know your rights, what they can actually do is very little, providing you take the proper course of action. Understanding debt settlement legal issues will help you to do so.

First off, know this: All you have to do to end the harassing phone calls at home, work, or to your relatives (yes, some creditors really are this despicable) is write them, and inform them to not contact you except by mail. If you do this, they are required by law to stop. In other words, they can only harass you if you let them. Unfortunately, most people are unaware that they have this legal right, and so don’t exercise it. Simply ending the harassment will go a long ways towards lowering the stress and anxiety you may be feeling, and allow you to make more rational decisions as to how to manage your financial and debt issues.  

Getting further into the legal issues, a debtor is simply anyone that has a credit card, personal loan, store card, auto loan, student loan, or mortgage. While it hasn’t always been this way, most people these days have debt in one form or another; our economies defining characteristic is borrowing from the future to pay for a better lifestyle today. In moderation, this can be a good thing. Taken to excess, the repercussions are enormous; misery for millions, as we have in fact witnessed in the current financial collapse.

Debt collectors are the bane of debtors, and usually consist either of the firms themselves, or collection companies hired by your creditors to try and get you to pay up if you lose your job and fall behind on your payments. Most people will experience a great deal of stress and anxiety when collectors begin contacting them. This stress is completely unnecessary, because, as we have seen, all a person has to do is write to their creditors and tell them to stop. Having even a basic understanding of debt settlement legal issues will empower you to maintain control over your financial life.  To this end, you should become familiar with your rights under the Fair Debt Collection Practices Act.

Under the Fair Debt Collection Practices Act, unless you tell them not to, in writing, debt collectors can call you incessantly between the hours of 8 am to 9 pm.  And they will do so. It is not uncommon for those besieged with creditors demanding payment for the phone to start ringing at 8 am and not stop ringing until 9 pm. Debt collectors can also come to your house and harass you in person. Although they can’t legally contact you at work unless you give them permission, many will anyways, or trick you into giving them permission to do so.

Additionally, it is not uncommon for your creditors to contact your relatives about your debt. This is a despicable and sleazy tactic, and rightfully gives debt collectors the slimy reputation they so richly deserve. However, as with the above tactics, if you write the collectors and insist they no longer contact you, they must stop, or you can sue them for violating your rights under the Fair Debt Collection Practices Act.  

Debt settlement isn’t a course of action that anyone should take lightly, or under any form of duress. However, understanding debt settlement legal issues will help you gain some control over your financial situation, mainly by empowering you with the knowledge to be able to stop the harassment and decide what is best for you in a better emotional frame of mind. Don’t be afraid to stand up for your rights; no one has to be harassed unless they allow themselves to be.

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