KNOW YOUR RIGHTS

Are you being harassed on the phone by collectors. Are their threats keeping you up at night? You need to know your rights before the next phone call. You are a protected citizen, whether you owe a debt or not. No one has the right to demean or threaten you just because you owe a debt. No creditor is above the law.

THE FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

The FDCPA was enacted by our United States Congress after findings that there were excessive abuses being committed by debt collectors.

1. They cannot call you before 8 AM or after 9 PM.
2. They cannot use decptive, unfair, or abusive practices when trying to collect their debts.
3. They can’t threaten to sue if they don’t have the right to sue.
4. They can’t imply that you might go to jail.
5. They can’t threaten to call your boss.
6. They can’t call you on the job if they know that it’s not possible for you to take these calls at work.
7. They can’t call you on the job if your employer has prohibited it.
8. They can’t threaten to garnish your wages unless they have a judgment.

The Fair Debt Collection Practices Act (FDCPA) gives you a way to stop all the phone calls. This does not guarantee that all calls will stop, since there are some exceptions described below. It is, however, a significant tool that most collectors acknowledge. Of course, for those who do not choose to acknowledge your rights, an attorney should be contacted about you options. Keep records of every correspondence you send to a collector.

Click for a Cease and Desist Letter to stop the harassment

You must put it in writing that you either are not going to pay the debt or that you want all communications to stop.

NOTE: THIS WILL NOT STOP ALL CALLS. A COLLECTOR CAN STILL CALL TO LET YOU KNOW THEY WILL STOPCOLLECTION EFFORTS, OR TO LET YOU KNOW THAT THEY WILL BE INVOKING SPECIFIC REMEDIES, LIKE A LAWSUIT.

The collector cannot use any method which would result in harrassment, abuse, or oppression. This is subjective and each case presents different circumstances.

The Fair Debt Collections Protection Act does give some guidelines for what might consitute illegal harrassment or abuse:

1. Obscene language or language that would naturally abuse the debtor.
2. Any threat of violence
3. The threat of any criminal action to attack you, your reputation, or your property.
4. Calling you repeatedly with the intent to harrass, annoy, or abuse you.
5. Publishing a list of people who refuse to pay debts.
6. Advertising your debt for sale to get you to pay the debt.