How To Stop Creditor Harassment - Help With Creditors

Before seeking relief from creditors and obtaining creditor help, it's important to
know one's rights as a consumer. The Fair Debt Collection Practices Act
regulates the methods that can be used by debt collectors.

Debt Collectors

A debt collector is anyone, other than the creditor, who regularly collects debts for
others. A debt collector may contact you in person, by mail, telephone or telegram.
However, it can’t be at inconvenient times or places, such as before 8 a.m. or after
9 p.m.

A debt collector may not contact you at work if your employer disapproves.
A debt collector may not contact you or a third party if the collector knows that
you have retained an attorney.

You may stop a debt collector from calling you by saying so in writing within 30
days after the first contact.
Once you tell a debt collector not to call you, the debt collector can no longer do
so except, to tell you that there will be no further calls.

Types of Debt Collection Practices That Are Prohibited?
A Debt Collector may NOT:

• Tell anyone that you owe money;
• Send or put anything on an envelope that identifies the writer as a
  debt collector;
• Use threats of violence to harm anyone or anyone’s property or reputation;
• Falsely imply that the debt collector represents the United States
  government or any state government;
• Use any false name;
• Falsely imply that the debt collector is an attorney or represent that papers
  are legal forms, when they are not;
• Falsely imply that you committed any crime;
• Falsely represent that the debt collector operates or works for a credit bureau.
• Falsely give CREDIT INFORMATION about you to anyone.

A debt collector must be FAIR in attempting to collect any debt. For example,
a debt collector CANNOT:

• Collect any amount greater than the amount of your debt, unless allowed
  by law;
• Deposit a postdated check before the date written;
• Make you accept collect calls or pay for telegrams.

If the debt collector breaks the law, you have the right to sue a debt collector in
a state or federal court within one year from the date the law was violated.
You may recover money for the damage you suffered.

For more information on The Fair Debt Collection Practices Act you can
contact the Federal Trade Commission

Creditor Harassment

Creditors are precluded by law from certain behaviors and action when they
are trying to collect a debt. Creditors may not:

• Use profane or obscene language or language that might ordinarily
  abuse the listener,

• Call you without telling you the name of the company the caller
  represents,

• Call so much that it is unreasonable or harassing under the
  circumstances,

• Call at times other than normal waking hours,

• Call your job after you tell them not to,

• Give any one information relating to the debt without your permission,

• Threaten physical harm, harm to your reputation or your property,

• Threaten to take you to court and falsely accuse you of fraud or any
  other crime.

• Threaten that failure to pay will result in your arrest, attachment of
  your property or garnishment of your wages without proper court
  proceedings,

• Assess fees and other charges they are not entitled to collect by
  agreement or law.
   

What You Can Do

Even with the existence of all these protections afforded by law, many creditors
persist in these and other  behaviors. One of the biggest problems with
bringing an action against the creditor for violations like these is lack of evidence. 
If you are experiencing harassment of this type, make sure you do everything you
possibly can to document these activities. Have witnesses available, record these
conversations, save messages left by creditors. Write down the days, times and
lengths of each call. Get the persons name, phone number, and company name. 
If they refuse, document it. If you have caller ID, save it if possible.
 

Alternatives To Obtaining Help With Creditors

• Debt Consolidation
  One of the most popular and widely used programs to eliminate debt and
  stop creditor harassment.
  Click Here to learn everything about Debt Consolidation, how it works and
  if this is the right solution for you.
   

• Bankruptcy
  Usually advised as a last resort, Bankruptcy for many consumers may
  be the only solution.
  Click Here to learn everything about bankruptcy and if it's the right solution
  for you.

Sharon Marini
Finance Attorney