What CAN debt collectors do when trying to collect a debt from you?
Well, they can telephone you. And leave a message if you don’t answer.
They can fax you (if you still have a fax).
They can even send you a telegram. Who uses telegrams anymore? I’m not sure, but debt collectors can use them!
And, yes, they can also email you.
Did you know that a debt collector can come knocking on your door? There’s nothing illegal about them paying you a visit!
What about work? They can call you there if they want, too!
What about your family, friends and neighbors? Yep. They can call or visit them as well!
Scary huh?
You’re probably thinking that this can’t be. Well, it can. And it is. The law allows them to.
But, if they CAN do all of these things, what is it that they CANNOT do?
Well, they cannot telephone you, fax you, telegram you, email you, visit you, or communicate with you in any way when it is NOT CONVENIENT. You’re probably thinking, when is it EVER convenient?
Well, a debt collector can NOT call, fax, telegram, visit, or communicate with you before 8:00 am or after 9:00 pm. Unless, of course, you’ve agreed to otherwise (I’m not sure why you ever would).
Debt collectors are also not allowed to call you at work if they are aware that your employer does not approve or if you let them know not to contact you there.
They also can’t communicate with your family, friends or neighbors (in most cases) more than once, or ask for anything other than your telephone number or where you are employed.
Under no circumstances are they to tell ANYONE that you owe them money. This includes sending you a post card letting everyone that sees it know that you owe money.
And they can not lie about who they really are or why they are calling. Or lie about who they work for or what position they hold.
What’s my favorite (and most powerful)? Once you tell them that you have an attorney, they can only communicate with your attorney.
Certainly, they can never harass you. They cannot oppress or abuse you. This means that they can not repeatedly telephone you. Or use profanity. Never can they threaten you. And, although they’ve resorted to it in the past, publish your name anywhere.
If they ever tell you that you have broken a law or may go to jail, they’ve just broken the law themselves. There is no “debtor jail”!!
They can’t threaten you with a lawsuit, unless they really intend to (this one is sort of difficult to prove – but they still can’t do it).
And even is they intend to do it, they can’t THREATEN to garnish your wages, take your property.
Have you been a witness to a debt collector trying to do any of the things they are NOT allowed to do? I’m sure that there are a lot of crazy stories out there. I’d like to hear them. Let us know in the comments below.
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Filed under: Bankruptcy, Consumer Law, Debt Collector Harassment Tagged: consumer law, Credit Debt, Debt Collector Abuse, Debt Collector Harassment, Debt Collector Threats, Debt Defense
