Collection Agency Harassment Laws
An enormous number of people are defaulting on their loans or mortgages every day. This is mainly thanks to the bad state of the current economy. Unemployment is rampant and is growing in intensity by the minute. Hence hard working people are not able to make ends meet or pay all their bills every month. This leads them to a debt situation and soon their situation gets termed as bad debt by the loaner and is sold off to a collection agency. This is where things get nasty.
Initially the agency might be sympathetic and coaxing. But as their attempts keep failing to get you to pay up their tone might turn hostile and aggressive. They resort to threatening and harassing you until you pay off your debt. They may call you repeatedly everyday or send threatening letters to your home which claim to be from a law firm. These letters have threats which include loss of wages, your property like home or your car etc.
The Federal Fair Debt Collection Practices Act has been put in place to curb and correct collection agencies of their unethical and unfair means of collection on money.
Here are some actions a collection agency is not allowed to resort to, no matter how much you owe or how long it’s been:
- Disrespect you in any way by calling you names or treating in an inferior or undignified manner.
- Resort to unfair practices like threats and warning and do so with a harsh and hostile tone and language.
- Claim untrue threats like your car, wages or property you may own will be snatched away. Garnishment claims of any sort.
- Contacts you after 9pm at night or before 8am in the morning. They can only contact you during the day and calling you at night is considered harassment.
- Attempts to contact you at your office or place of work when you have requested them not to do that in the past. They cannot go against your request.
- Claiming that they will get you arrested if you do not pay up.
- Making false statements to scare you. Like they are calling from the government, they are calling from the credit bureau.
- Depositing a post dated check issued by you before it was planned to do is. This is not allowed.
- Contacting you by means of greeting cards or post cards, etc.
Therefore if you are being contacted by a debt collection agency the first things you must do is educate and inform yourself about the laws regarding the same within your state. Harassment by a collection agency can cause mental trauma and stress and must not be tolerated at all costs.