Are Illegal Debt Collection Practices Bringing You Down?

Are Illegal Debt Collection Practices Bringing You Down?

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Although laws have been passed to give consumers time to pay their debts and nudge their credit scores back up, it seems that there are still lots of "rogue" debt collection agencies out there that haven't gotten the memo. When you're staring down serious debt, the last thing you need is for these debt collectors to make it tougher for you to get your life back on track.

There is a code by which collection agencies have to behave. It's called the Fair Debt Collection Practices Act. While it won't magically erase your debt, it can help you to dramatically reduce some of the problems that go hand-in-hand with being sent to collection.

Protection for you - and your livelihood

One of the really great benefits of the FDCPA is that it makes it illegal for debt collection agencies to contact your place of employment if your employer doesn't allow it. Just because you're struggling to pay your bills doesn't mean that you're ineffective at work. Even so, many hard driving collection agencies call employers and tell them all about your financial issues - a clear violation of the FDCPA.

You should also know that in the event a collection agency calls you, say at your home, and has to leave a message, they are not allowed to state what the purpose of the call is. That's why you might find that you get calls from people who you don't know asking you to call them regarding a "private business matter."

Under the FDCPA, you also have the right to request in writing information regarding the origin of the debt. The debt collector has to provide you with a debt validation letter within five days of first contacting you. Then, you have 30 days to contest the validity of the debt in question. If you do, they must come up with a legitimate paper trail showing that you owe the debt.

No more harassment?

Many people will tell you that these steps are meant to be an end to harassment and they are. Nevertheless, keep in mind that debt collectors often make their money from a percentage of what you pay. So, if a debt buyer has bought your credit card debt, it's likely that they are going to do what's necessary in order to get you to pay. However, you can stop much of the harassment by making sure that debt collectors follow the FDCPA when they are dealing with you.

Debt collectors are not allowed to call you and tell you that they are going to tell your boss that you're behind on your bills. They are not allowed to tell you that you're going to be arrested - you can't get arrested for not paying your bills. Debt collectors cannot even call you after nine in the evening or before eight in the morning, unless you give them permission to do so.

When you know your rights under the FDCPA, you might find that you have an easier time keeping abusive debt collectors at bay and getting your finances back on track.

About the Author:
Sergei Lemberg, Esq. is the Principal of Lemberg & Associates, a law firm specializing in fair debt collection law, lemon law, and other consumer law.



Article Originally Published On: http://www.articlesnatch.com


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