A few starting points for your information are that:
- a debt collector can not communicate with you via postcard
- use any language or symbol on the envelope that the communication
is from a debt collector
- Must
inform you that they are a debt collector trying to collect a debt
- Tell you that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure,
garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector
or creditor intends to take such action
- use false or deceptive
means to collect a debt or obtain information about a consumer
The next thing
that we will focus on is stopping harassing phone calls. The FAIR DEBT COLLECTION PRACTICES act sets
strict guidelines for when and where a debt collector can call you.
The
FDCPA § 805 states
that a debt collector can not call you: - Before
8a.m or after 9p.m your local time
- Your place of work if they
know your employer prohibits such calls
- If you have informed
them to call your attorney
- If you have informed them to conduct
all communication via mail
The best way to inform your
creditors that they may not call your home/office etc is via USPS certified mail. This way you posses a signed receipt
of the letter. You may find a sample letter to send to your collection agent here.
After the debt collector has received this letter they may call you
ONCE to inform you that they will no longer be contacting you via telephone, That they are ceasing their efforts or that they
intend to invoke a specific remedy.
I should mention that you can prohibit a collection agent from contacting you AT ALL. However, if the debt is legitimate
and not past the statute of limitations, you may find that the collection agent will file suit against you since it is their
only avenue. I will stress that this is when you inform the collection agent not to call you OR send you letters.
In any of your communication with debt collectors should know that FDCPA
§ 806 prohibits them from
abusing, harassing or oppressing you.
Debt collector can not:
(1)
The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
(2) The use of obscene or profane language
or language the natural consequence of which is to abuse the hearer or reader.
(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer
reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.
(4) The advertisement for sale of any debt to coerce payment of
the debt.
(5) Causing a telephone to ring or
engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person
at the called number.
(6)
Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.
I breifly touched on the fact that you
can sue your debt collectors for up to $1,000 for FCRA and FDCPA violations. For more information on this click here
