Art Turner asked: Never been harassed by a credit agency? Lucky you! It could mean that you have never had any financial problems. That’s quite a feat considering all that could get out of whack. But sometimes issues of our life make it impossible to keep up with our monthly payments. After you get about 90 days past due, your creditor is likely to hire a debt collector. Collectors may be real people, firms or even lawyers.
Recent legislation has specified some basic rules for the ways that you can be contacted. Collection agencies can contact you by mail, in person, by phone, via fax or even by telegram. But when and where they get in touch is limited. They may not contact you before 8 A.M. or after 9 P.M. local time. They are also not allowed to contact you at your place of employment.
Certain unfair practices have now been removed from debt collectors’ tool chests. Collection agencies can’t take more than you owe. If you send them a post-dated check, they are prohibited from depositing the check early. Contacting you by postcard, which could be really embarrassing, is no longer allowed. It’s not open season on your property either, so don’t give in to their threats.
Behavior that could be categorized as harassment, oppression or abuse is just not allowed. For example, persistent phone calls specifically planned to bother a debtor are prohibited by law. Any type of violent threats are clearly out of bounds. Even the use of profane or obscene language is off limits for collectors. If they threaten to publish your name on a list, don’t worry. They aren’t allowed to do anything like that. The only people they can tell is the credit reporting agency.
Has a debt collector ever stated something that sounded untrue? They are not allowed to collect a debt by using misleading or false statements. If they aren’t attorneys, they cannot claim to be. Nor can they claim to be from the government. The credit bureau will not call you directly, so don’t believe anyone who says they are. Collectors are also not permitted to confuse you about papers they send–for example calling them legal documents when they really are not. They must be completely truthful about how much debt you actually owe.
Threats of arrest or imprisonment are strictly prohibited. Seizures of property or garnishment of your wages will not happen without the due process of a lawsuit (student loans have special rules, though, so watch out with those). Threatening you with legal proceedings is against the rules if they don’t really intend to take you to court. Sending out false information or official-looking documents (when they are not) could also get the collectors into trouble.
Work with the collection agency as much as possible, even if it is difficult or distasteful. You may not be able to send the total amount you owe, but try to send something to indicate good faith. If you think the collector has done something in opposition to the law, then take you complaint up through the company’s management structure. If you don’t get an acceptable response from the company, your state Attorney General and the U.S. Federal Trade Commission are the next steps. In most cases, however, the fact that collectors broke the law will not alter the fact that you owe a debt. You are still responsible for paying what you owe. The laws are in place to make sure that you are treated with fairness and respect.
Andrea
