Debt Collection Harassment Protection

It’s common for people in debt to be scared of debt collectors. They have a notorious reputation for harassing, threatening, lying, imitating law officials and engaging in other unlawful collection agency behavior. Are they all untrustworthy? What kind of protection is available to ward off their incessant calling?

What many people may not know is that they don’t have to put with a lot of this mistreatment from debt collectors because there are laws in place meant specifically to protect their rights. The Fair Debt Collection Act (FDCPA) sets a standard that all debt collection agencies have to follow or you could take them to court.

Harassment Protection the FDCPA Provides
In order to ensure the rights of debtors, the FDCPA prohibits debt collectors from harassing, threatening, or intimidating anyone while attempting to collect an owed debt. Some of these specific restrictions keep debt collectors from legally performing techniques such as:
• Threatening to throw you in jail
• Using foul or aggressive language toward you or making racial remarks
• Making any attempt to seem like they are law official or an attorney
• Making calls to your home after 9pm or prior to 8am

Also worth noting, any intimidation or bullying tactics in addition to the methods listed above are direct violations of the FDCPA. Even if the debt you owe is substantial, no overly excessive means of obtaining the money from you is legal. This certainly includes calling too frequently.

If you have been subject to debt collector harassment unduly, you can file an official complaint to the Federal Trade Commission or your state Attorney General’s office.

Harassment Protection You Can Implement Yourself
Though the FDCPA laws are in effect, there are certain steps you must take to insure your rights are upheld. One step you can take yourself for bill harassment protection is to send the collection agency a formal letter asking them to cease their inquiries. After receiving this letter, the agency is restricted by law from contacting you again. The one exception to this rule is that they can contact you once more if it is to inform you that they are planning to take a legal action in relation to the debt. The incessant calling, however, will cease.

Another action you can take for your own debt harassment protection is to dispute the debt. If you believe the debt is not yours or inaccurate, you have thirty days from the day you first received the first letter to contest it. To do this, you must send a letter of your own that states you do not owe the amount they are asking for, and you must request specific information in relation to the debt. If the agency can provide proof that you are responsible for the debt, they may resume their debt collection procedures after informing you of their findings. If this happens, and you still feel you aren’t liable for the debt, you may be the victim of identity theft. Identity theft is a very serious issue and you should take immediate action to prevent further damage to your credit.

One final form of debt harassment protection you can take yourself is filing a lawsuit against the collection agency. Under the FDCPA, you have the right to sue a collection agency if they have violated one of the above mentioned restrictions. You have one year after the violation occurred to do so.

How Do I Know If I Need Debt Harassment Protection?
Even after becoming familiar with the protections put in place by the FDCPA it may be hard for you to determine if your rights have been violated by a debt collection agency. If you would like more information about your specific rights as a debtor and actions you can take against unlawful debt collectors, please fill out the free evaluation below. One of our experienced representatives will contact you as soon as possible, and answer any questions you may still have. The first steps toward debt elimination is getting some room to breathe, and stopping bill harassment. Act now.