Debt Harassment

Are you a victim of debt harassment? Are you being threatened by debt collectors day and night?  You are not alone. The financial crisis and the job losses have let quite a lot of people with cringing budgets and emptied wallets. The debt collectors, like a pack of hawks falling on prays, are closing in on the scores of unsuspecting consumers. It should be heartening to know that the numerous ways that they use to collect debt are illegal and unacceptable. It is a stressful and embarrassing situation for anyone to go through. But if you care to spent a little time to learn, you will no longer be a victim of debt harassment.

Here are a few facts that you need to know about the debt collection practices that leaves you in dread to pick up the phone every time it rings.

What is fair debt collection?

The Fair Debt Collection Act, clearly defines what fair debt collection is and what unfair debt collection is. The purpose of this Act is to promote fair debt collection and eliminate unfair debt collection practises. The act also provides a platform where consumers can raise their disputes and obtain and validate debt information. The guidelines provided by the Act explain the debt collection practises that can be termed as either legal or illegal.

Fair debt collection requirements

The Act requires the debt collectors to do the following:

1)    The debt collectors must identify themselves in every communication and also let the consumer know that the information obtained in these communications will be used to collect the debt.

2)    If the debt collector is a third party, he is required to reveal the name and address of the original creditor.

3)    The debt collector is required to notify the consumer of his right to enter into a dispute with the debt collector.  According to the  Act, within 5 days of the initial communication, the collector is required to send a 30 day notice for the consumer to demand verification of the debt.

4)   Upon the request of the consumer, the debt collector either should mail the information regarding debt verification or discontinue the debt collection efforts.

5)    The debt collector, if chooses to file a law suit can only do so,  in a place where the consumer signed the contract or he lives. But, the consumer can sue the debt collector in other venues if he violates the law.

Unfair Debt Collection Practices

The debt collectors are required to follow certain procedures while they attempt to collect the debt. They are also given certain guidelines as to what are the practices they should avoid.

The following are the acts that a debt collector cannot do.

1)   The debt collectors cannot make phone calls to consumers outside the hours of 8 am and 9 pm. Debt collectors are not allowed to make continuous phone calls in case the consumer wishes no further contact or refuses to pay the debt.

2)    The debt collectors should not meet the consumer at his place of employment after intimating that it is prohibited by the employer.

3)    The debt collector should not threaten or use profane or abusive language.

4)    Unjustified amounts should not be demanded from the consumer.

5)    A debt collector should not reveal the debt details or publish it in the media.

6)    Debt collectors should not misrepresent themselves while contacting the consumer. For e.g. A debt collector is prohibited to pose as an attorney or a legal representative while collecting debts.

7)    Revealing and discussing the nature of debt with other people except the consumer’s wife or attorney is also prohibited by the act.

So now you know whether your debt collector is acting legal or illegal, but what can you do about?

File a law suit

A consumer who feels that he is the victim of debt harassment can file a private law suit in a state or federal court. If proven that a debt collector has violated the rules, he is required to pay $1000 in damages plus attorney fees.

Being constantly followed by debt collectors is a harrowing experience. They try to embarrass you in front of your friends and colleagues. They call you at untimely hours and threaten you. Within days, your life falls in to a dark pit and you are scared to take any calls or meet any strangers. But now that you know what to do, you and many more can stop debt harassment.

Debt Harassment Attorney

A debt harassment attorney helps consumers to handle the civil litigation of cases involving consumer harassment by debt and bill collectors. Whether or not a client is in debt or not the Fair Deal Collection Practice Act – (FDCPA) holds that a client should be treated fairly by debt collectors by prohibiting certain methods of debt collection, and if this Act is not observed a debt harassment attorney can help debtors take back their legal rights. The debts that may lead to harassment include; auto loans, medical care bills and charge accounts all of which are covered under the Act.

Debt attorneys help their clients by offering proactive legal responses to the illegal activities most commonly used by debt collectors, like abuse and harassment tactics and they believe that no matter how much the client owes his dignity privacy and self respect are never part of the debt, and the client’s rights should be protected at whatever the cost.

These attorneys also play the role of stopping the debt collectors from harassing the client if the debtor declares that he is bankrupt and that the collectors should stop calling the client but still the debt collector keeps calling them to demand for their debt. Here the attorney intervenes and he can help the clients by advising them on the legal options that they should apply to for that current situation. Debt harassment attorneys can also advise their clients on finding a legal way in which they can help a client to liquidate his assets and distributing them to creditors so that they can pay the debt and keep the debt collectors from harassing the clients.

An attorney who deals in debt harassment may also help the debtors by making special legal arrangements on developing a court – approved reorganization or other plans of how his client will settle the debt with the creditors to avoid future harassment. Attorneys also help the debtors if they are contacted at specific areas or instances that are not appropriate and can be legally considered as harassment, as they can make the debt collectors stop by warning them, and if they do not stop the harassment after they are warned, then the attorney can advise the client to sue the debt collectors and this will help to stop the harassment and give the client time to get back in terms with what the client owes.

A good attorney may also help a client to sue a debt collection company if they falsely state that papers sent to you are not legal processes forms when they are, and impersonation of the debt collectors in order to trick you in any way as it is against the Fair Debt Collection Practices Act. One reason that makes most clients to prefer the services of a debt harassment attorney and not facing the challenges on their own is because they can help you recover costs for damages that you may have incurred and court costs and their fees as you do not pay them any money upfront and the debt collectors may end up covering all the costs if found guilty.

Debt Harassment Laws That You Should Know

There are a lot of debt harassment laws that you should be aware of. Having debts can be frustrating, because the debt collector will do everything that he can in order for you to pay your debts. But of course, there is always a limitation in everything and that should definitely be followed. The debt collector should know his limitations when it comes to collecting the needed amount. There are numerous debt harassment laws that you should be familiar with, for you to know the things that you can do when these harassment’s exceeded. This write-up will give you the different types of harassment laws when it comes to collecting debts.

One of the most common harassment laws when it comes to collecting debts is the phone harassment. The debt collector will usually contact you during office hours, and not during late at night or early in the morning. If the debt collector calls you at night or during the early hours in the morning, this is already considered as harassment. You should also know that the only place where you can be contacted to is through your personal mobile phone or at your home. If the collector calls you at the office, then that is already a form of harassment that should be reported immediately.

Another type of debt harassment is by email. Your collector will email you to remind you about your debts. You should be aware that a collector should not be emailing you with threats. This is strictly prohibited, because this is a form of harassment. Now, you can reply to this collector in two different ways that you want. You can reply to him by requesting to cease the email contact. You may also reply regarding your plan about paying your debts. The debt collector should no longer reply with you, if you send any of these messages to him.

Another thing that you should know is that you debt collector will stop contacting you once you filed a legal action. If you already found a legal counsel that will help you with your case, the collector will then stop bothering you. But you should know that there might be some collectors that have their own lawyers to help them contact you. In this case, your legal council should be the one talking to the collectors lawyer for everything to be legal.

Now if you believe that your debt collector committed any of the harassment’s above, you should then be ready to file a lawsuit against him. But remember that you need to have your evidence ready, for you to be able to defend yourself against the debt collector. Each state usually has different punishments for debt collectors who will violate the said laws.

These are some of the harassment laws that you should know in order for you to stay protected despite your debts. Remember to not let your debt collector harass you in any way possible. Your legal council will help you with your debt problem and your debt collector if needed. So always remember these debt harassment laws for you to know the things that you can do in the future.