Destroy Collection Agency Harassment With These Simple Tips
If you ever have to deal with a collection agency then you should be aware that even under the best of circumstances you will need to be prepared to stop collection agency harassment.
Once a collection agency becomes involved in the collection of your debts you will find yourself in the middle of a war. Collection agencies have a bad reputation of doing everything and anything to collect debts. If they have to harass you they will. Not all collection agencies are evil, but there are enough of the bad ones that you really need to be aware of them. There are ways to fight back once you find yourself dealing with a harassing collection agency.
Your secret weapon will be the laws that govern what collection agencies can and cannot do when contacting people. Your secret ally will be the Fair Debt Collection Practices Act or better known as the FDCPA. This particular legal friend of yours is what forces debt collectors from not using deception, harassment, and abusive tactics when talking with you while trying to collect a debt. The FDCPA also clearly spells out a structure that debt collectors must adhere to when collecting a debt.
So let’s take a look at collection law in a way that everybody can understand. First things first…The Fair Debt Collections Practices Act lays out in no-nonsense terms what type of practices debt collectors can and can’t use.
For instance, collectors can’t call you whenever they want. It is assumed by all that 8am to 9pm are decent times for them to call. Be aware that debt collectors can call you at your place of employment. But here you have a right that you should exercise. If you tell the collector that your boss does not want you receiving these calls at work then then the collection agent must legally stop calling you at your job. There are also codes of conduct that a collection agency is legally obligated to abide by when collecting a debt. In order to destroy collection agency harassment you will need to make sure the collectors and the collection agency is following the law.
Collectors are not allowed to harass a debtor when attempting to collect a debt. A few examples of harassment would be: Constant and unrelenting calling on the telephone, being insulting, rude and obnoxious to the person who is in debt. Obscene and nasty language is also forbidden. Falsifying facts and trying to pass off inaccurate information to the debtor is strictly forbidden.
False statement may be hard to spot but you should definitely be on the lookout for them. A common practice among dishonest debt collectors would be when they try to pass themselves off as a government official, trying to scare the debtor with the possibility of lawsuits, prison, and loss of house and property. Some collectors will actually tell debtors that the balance of their debts are higher then they actually are. Unfair practices by a debt collector is forbidden.
Maybe on top of the list of forbidden practices is suing the debtor for a debt that they don’t even owe. Debtors have rights and collection agencies have an obligation to tell the debtors what those rights are.
Any information told to the debtor over the telephone or through the mail must also include statements that clearly states that all information that is collected will be used to collect the debt. Something else that you should be aware of is the collector may contact your family and friends in order to gain access to your phone number and place of residence. If the agency already has your phone number and address then they may not contact anyone concerning your debt. When these agencies do contact your family, they are not allowed to tell them that they are trying to collect money from you.
The Fair Credit Act was made into law to protect debtor’s rights and make sure that the collection agents had a full, complete, and clear understanding of what they are allowed to do when they attempt to collect a debt.
If a debt collector starts to violate your rights then it will be necessary for you to keep accurate records of of the misconduct. You will want accurate documentation so that you will have evidence to prove your claim if you decide to to take legal action.
Having a full and complete understanding of collection agency law should help let you feel more confident if and when you are ever in he position to have to deal with a debt collector.
The FDCPA is there to help you stop collection agency harassment. It is your right to use it to your advantage. You are now prepared to destroy collection agency harassment!