Debt collectors are very creative when trying to get debtors to pay. The Fair Debt Collection Practices Act makes clear those practices that are illegal, such as harassment, abuse, and misrepresentation. It specifies clear guidelines that debt collectors need to follow, such as announcing who they are and why they are contacting you. Regardless, the status quo seems to be that they count on consumers not knowing their rights. As a result, illegal practices are quite common.
Here are five techniques that debt collectors often use to get you to pay:
- 1Frequent phone calls at home, especially during dinner hour. Note that if they call you before 8 a.m. or after 9 p.m., they're breaking the law. However, even when they call within the allowed time period, if they call you repeatedly to the point of harassment, they are also breaking the law.
- 2They threaten to take your house or car. Unless you have secured the debt with your house, or the debt is specific to your car payment, then it is illegal for a debt collector to threaten to take or repossess that property.
- 3They claim that they are an attorney and can sue you. A debt collector can seek the representation of an attorney, and they can sue you for non-payment. However, it is illegal for debt collectors to pretend they are lawyers when they are not.
- 4They send postcards or envelopes to your house that clearly state they are from a debt collector. Debt collectors are allowed to send you letters through the mail. However, if they send you postcards or letters with their debt collector information on the outer envelope, it's against the law.
- 5They send a notification that looks like it's a legal document from the court, or a government official or agency of the United States. These are sent to mislead you, and it's illegal for a debt collector to send you misrepresentative documents in the mail, or to impersonate a government official or agent in any way.
All of these are common techniques that debt collectors use to get people to pay up. But when they cross the line into illegal behavior by harassing you or misleading you, the Fair Debt Collection Practices Act entitles you to $1,000 in compensation, plus whatever damages they caused. To learn more, visit our Debt Collection Information Center.
If you've been the victim of a trick or bullying from a debt collector, then you need an attorney who is well versed in the law. Attorneys from Lemberg & Associates are experts in the Fair Debt Collection Practices Act and will help you take on the debt collector so you can get justice.
