The Fair Debt Collection Practices Act or the FDCPA lays certain guidelines for the collection agencies that they need to follow. These directions and guidelines prevent the collector from getting involved in various offensive or fraudulent practices. Some of the acts restricted by the FDCPA are described below:
Conversation with Third Parties
Usually, a collection company is not allowed to communicate with any third party about your credit. However, some exceptions to this rule are there.
- The Attorney: If you are exhibited by an attorney and the collecting company knows it, the company ought to talk to only the attorneys, not you, until and unless you allow them or if your attorney doesn’t hear to any of company’s messages.
- A debt addressing organization.
- The actual grantee.
The collectors may converse to your spouse or parents and your co-debtors, But only if you allow them to do so.
The collection agencies are also granted access to communicate with any third person just for finding about your belongings. In this case collectors need to specify their name and should specify that they are assuring the personal information about you and your whereabouts. However, they can’t state that you are under a credit, also they cannot use any means that represents that a debt is being collected. Also, the use of postcards is not allowed. Moreover, they cannot call any of the third party unless an attorney is undertaking your case.
Communication with you
At first, the debt collector needs to specify that they’re trying to collect a debt and any of the information gotten from you can be used to fulfill the purpose. Also, the collector needs to communicate collection agency as well as his or her name.
A collector cannot contact you if you are at duty or at any odd or uncomfortable time such as late nights or early mornings.
Persecute or Defame
Most of the times, a collection company or agent ought not to blame, curse or distress you. Precisely, they cannot terrorize or harm you or your reputation or property. They are also required not to use any of the abusive or obscene words. Harassment is not at all acceptable in any way.
Misleading representations and unfair practices
A collection agency cannot lie in anyway. It can’t pretend to be enforcement or government agency. They cannot threaten you by stating that you can be put behind the bars or your property can be seized. In addition to this, they cannot state it as a crime and distress you by sending repeatedly sending letter such as “Final Warning”. The collection agency cannot add any additional fees or charges that were not mentioned during the agreement.
How to deal with someone who scares you to Sue
A creditor may threaten you to bring you under lawsuit so as to force you to pay the debts. According to law, collection agencies can sue those who are on debt along with additional interests and penalties. While dealing with such situation you need to know the following guidelines.
- At first you need to know whether the creditor is in legal guidelines. If not, it may be considered as harassment.
- If it is a case of harassment you may file a complaint with FTC (Federal Trade Commission). If found guilty the creditor’s license may get cancelled.
- In addition to this, you may discuss your matte with creditor itself to resolve it. You may tell him that you have filed for bankruptcy.
- You may send a letter to creditor to no longer to contact you. According to laws, he may not contact you but may opt to sue you.
Hiring a Debt Attorney
You may look into number of factors before hiring a professional who may deal with your case. Having an attorney will help you to reduce the number of calls by the creditor and the collector company. An experienced professional will do the best for your interests without entering into any legal conflicts. An additional benefit of attorney is that it helps you to achieve the best settlement options as the Creditor now knows you have a legal professional along with you. All the legal documents can be prepared by your attorney so that no conflicts arise at a later date regarding any payments. To end up, If you think you are being harassed by debt collectors or creditors do give us a call and let a professional attorney deal with inconvenience.