Mortgage Forum

Zino

A Debt Collectors Rights

There are certain debt collector rights that have been enforced by law. For example, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

Many individuals are harassed every day regarding outstanding debts by collectors, and the actions by such creditors may fall in to the realm of being highly illegal. So read through this to know your rights regarding Debt Collectors so you can be prepared.

Need to understand what debt collector right has been violated? Contact a Bankruptcy Lawyer to find out all your legal options and debt collector rights to protect yourself.

You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

Debt collection practices prohibit harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact.

As a Debt collector right may not:

* Use threats of violence or harm

* Publish a list of consumers who refuse to pay their debts

* Use obscene or profane language

* Repeatedly use the telephone to annoy someone

* Falsely imply that you have committed a crime

* Misrepresent the amount of your debt

* You will be arrested if you do not pay your debt they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so

* Give false credit information about you to anyone

* Including a credit bureau

* Send you anything that looks like an official document from a court or government agency

You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney' s fees also can be recovered.

A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector' s net worth, whichever is less.

Creditor Harassment

You've gotten into debt and you simply cannot pay it off because of an emergency that came up, losing a job, or other financial hardships. You know this and your creditors know this. And your creditors have no problem reminding you. And reminding you. And reminding you. You can't take it anymore. The constant phone calls, letters in the mail, and maybe even visits in person have come to be too much. While creditors may be within their rights when excessively contacting you, there comes a point when they may have crossed the line. This is called creditor harassment.

Creditor harassment can present itself in a number of different forms such as:

* Home visits

* Threats of violence

* Excessive phone calls

* Calling at unreasonable hours

* Providing false information or promises

* Threats to embarrass the individual in debt

A creditor may be harassing you due to credit card debt, auto loans, or medical bills that haven't been paid at all for a certain amount of time. If you decide to file for bankruptcy, creditors must stop contacting you regarding your debt until your case has been discharged or decided upon. Some creditors may not realize your current situation, so if you explain to them that you filed for bankruptcy, most will stop calling.

However, some will keep on persisting you, and this type of harassment is wrong. In fact, many individuals have been harassed to the point where they feel trapped and forced to file for chapter 13 bankruptcy so that these people will just leave them alone already. Nobody should feel forced or scared because of something a creditor says or does. If this sounds like a situation you've been in the middle of, a chapter 13 attorney can help.

Keep in mind that creditors are paid to collect debts from people. When they get someone to pay, they get paid as well. While many are persistent, they still remain professional and attempt to collect debts the proper way. However, many do not follow proper protocols and they may go to extreme measures to try to scare someone into paying off their debt.

Other times, they may take a different approach and provide false promises to someone that is in debt. The person in debt may wind up using every penny they have to satisfy that one debt because a creditor promised them a solution to their problems; a solution that doesn't exist.

If you feel like you have been a victim of Debt Collection Harassment, seek professional advise because it's not acceptable.