How to Win Against Unfair Debt Collection Calls
by: JasonL.Montgomery |
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What protection do you have against unfair debt collection practices? Both state and federal laws exist for your protection, but not all debt collection agencies play by the rules.
A debt collector cannot threaten or harass you in any way. They cannot contact you at inconvenient times or places, meaning that calls during the night are inappropriate. There are also limits as to who they can communicate with regarding your debt.
Can you stop answering the phone? Some of us can use our caller ID to screen calls, but that's not always the easiest solution. If you have a voice recorder for messages you can wait until a message is in progress as a way to screen your calls, and pick up at that point before any desirable caller hangs up.
Any call you have with the collection agency can be recorded, but you need to disclose that the call is being recorded at the beginning of the call. These rules are known as wire-tapping laws.
Collection agencies will try to pressure you to pay, and may threaten actions that are inappropriate. Profane language is not allowed, by law. Take notes of any calls you receive, and include the date and time of these calls and the name of the caller, or their ID number.
Collection agencies are not allowed to represent themselves as attorneys. They cannot tell you that you have committed any crime. They cannot imply or tell you that they are a law enforcement agent, or suggest that you could be arrested.
Collection agencies think they can get away with this harassing behavior and intimidate you into paying the debt. This behavior is a violation of the law, and each count can be noted in a lawsuit against the agency.
Bad debts happen. Sometimes it is through the poor spending habits of those who do not wish to repay those debts. Many times we find honest, hard working people in an unfortunate situation. No matter what reason for the bad debt, there is no excuse for any collection agency to use unfair practices.
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About the Author
Author Jason L. Montgomery writes tips for knowing your legal collection rights and credit tips.
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