Very few things are more aggravating and annoying then creditors constantly calling you at home or at work all day and all night. It can disrupt your home life and your performance at work. Unfortunately, this can be the goal of the creditor in order to intimidate you into making a payment directly to them.
As a debtor you do have rights. Creditors and collection companies are legally not allowed to contact you with reckless abandon. The Fair Debt Collection Practices Act was put in place to protect debtors from creditor harassment. Below is an outline of what creditors are allowed to do and what to do if a creditor does not comply with these guidelines.
Hours They Can Call
A creditor is allowed to contact you between the hours of 8:00am and 9:00pm, Monday through Sunday.
Frequency of Calls
If you speak with a creditor once during the day they are not allowed to contact you anymore throughout the day. This is also the case when you have spoken with them and have asked them to not contact you at work.
If a creditor calls you outside of these hours or contacts you at work after you have asked them not to, or continually calls after your have spoken with them, it is important to write the following information down:
Time and Date of Call
Creditor Name
Name of the Person who Called
Phone Number
Nature of the Calls
The creditor knows you owe them the money and you know you owe them the money. This does not give them the right to use any sort of abusive or condescending language or make threatening statements about garnishing your wages or threatening criminal actions. A creditor is not allowed to threaten physical violence if the debt is not paid. This also applies to the creditor calling and threatening to take action such as seizing property or garnishing wages before a judgment has been filed.
The language does not have to be vulgar to be classified as abusive or condescending. If a creditor uses this sort of language with you or makes these types of threats, it is important to gather and log the same information as above.
Giving Information to Other People than the Debtor
A creditor is not legally allowed to tell anyone besides the debtor the amount of the debt, how far behind the debt is or any other material information about the debt. The only time they can do this is when they have received a judgment and are moving to garnish a debtor’s wages are speaking with the employer.
Posing as an Attorney Sending Documents that Appear to be from the Court
A creditor is not allowed to call and say they are an attorney if they are not one. This can be a popular collection tactic but it is illegal! The creditor also cannot send documents that appear to be from the courts in order to intimidate debtors.
The Bottom Line
If a creditor does any of these, it is important to gather the following information and create a log:
Time and Date of Call
Creditor Name
Name of the Person who Called
Phone Number
Save copies of the documents
Post courtesy of the Careone Credit Counseling blog. Visit Careone for more tips on reducing your debt.
