Are you in debt? Well, a ‘yes’ as an answer to this question brings into scene the imminent problem of debt collection harassment. If you fail to pay back in time, collection calls are bound to follow. What tends to be troublesome in this particular scenario is the means taken up by the debt collectors in pursuit of recovering the debt from the borrower. In most cases, the means tend to be illegal and abusive, which tends to make the borrower turn away from facing the situation.
However, you need to keep in mind that avoiding the situation is no escape route to the problem. In fact, the solution lies in facing the situation upfront and dealing with the collectors and the collection calls. In a bid to empower the rights of the borrower, the USA government has enacted the Fair Debt Collection Practices Act, which restricts several collection practices of debt. The act has been introduced with the aim of ensuring a fair trial of the collection and loan recovery proceedings alongside controlling the actions of the debt collectors.
Under this particular act, the debt collector is prohibited from taking up the following means during the collection practice –
- The collector cannot use any illegal means like threatening the debtor, voicing abusive language, or throwing expletives towards the debtor.
- The debt collector must never call you before 8 a.m in the morning or after 9 p.m in the evening. He must not also call you at work, without prior consent.
- The collector should never represent himself or any information wrongly to the borrower. He must also not also misrepresent any information regarding the collection agency.
- The debt collector is not allowed to reveal any information regarding the debt or the debtor to the third part, without seeking prior permission from the borrower.
Knowing your Rights
When it comes to collection harassment, every debtor must know his or her rights and the right way of dealing with such harassment. You must always inquire about the amount that is owed by you to the particular agency alongside the name of the creditor or the credit agency. Additionally, you must also make sure that all these information is communicated to you within maximum five days of the first communication regarding the debt.
If you might think of not owing anything to the creditor then, it falls within your duty to take actions quickly. All you need to do is send a letter to the particular collection agency within maximum one month from the first communication. If you are found to be right then, the collection must stop harassment of all sorts; otherwise, the agency is required to send a notice declaring the debt amount.
The Federal Trade Commission or the FTC stands as your complaint board, if in any case you tend to feel intimidated by collection harassment.
Author’s Bio – This article is contributed by Jonathan featuring a strong inclination towards writing debt related articles with the aim of inducing some positivity in life. Here, he discusses about collection harassment and the way you can deal with such harassments.