4 Different Ways a Debt Collector Will Harass a Debtor

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Debt. It’s a four-letter word that can send shivers down anyone’s spine. Facing overdue bills and collection calls can be a stressful and overwhelming experience. But what happens when those calls turn into relentless harassment?

Debt collectors have a legal right to collect what you owe, but that right comes with limitations. The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive collection tactics. 

Unfortunately, not all debt collectors play by the rules. If you’re facing aggressive or harassing collection attempts, you don’t have to suffer in silence. Debt collection harassment attorneys can be your shield against these tactics and help you fight back.

This article will shed light on the unethical tactics some debt collectors employ and how a lawyer can empower you to stop the harassment and protect your rights.

Who is a Debt Collector?

A debt collector is any person or company that attempts to collect a debt you owe to a creditor, such as a bank, credit card company, or medical provider. This can include the original creditor themselves or a third-party collection agency they hire to chase down unpaid debts.

The Roles and Responsibilities of a Debt Collector

Debt collectors have a legal right to contact you about a debt, but there are strict guidelines on how they can go about it. The FDCPA outlines these limitations and protects consumers from abusive practices.

Debt collectors can contact you by phone, mail, or text message, but they must adhere to specific rules regarding the frequency and timing of these communications. They also have limitations on what they can say and how they can say it.

Four Unethical Tactics Employed by Debt Collectors

While debt collectors are entitled to collect a debt, they are not entitled to harass you in the process. Here are four common ways a debt collector might cross the line from persistent to harassing:

• Unrelenting Contact: Imagine getting bombarded with calls at all hours of the day, even before 8 a.m. or after 9 p.m. Debt collectors are prohibited from contacting you at unreasonable times, and they can’t leave endless threatening messages on your voicemail. They also can’t call you constantly, blowing up your phone with multiple calls a day.
• Lies and Deception: Debt collectors are not allowed to mislead or outright lie to you about the debt. This includes falsely inflating the amount you owe, claiming legal action you don’t face, or threatening arrest if you don’t pay. They also can’t contact your friends, family, or employer about your debt without your permission. Disclosing your debt to third parties is a major violation of your privacy.
• Aggressive and Abusive Communication: Debt collectors are not your drill sergeants. They can’t use abusive language, yell at you, or threaten you with violence. They also can’t impersonate someone they’re not, like a lawyer or law enforcement officer, to scare you into paying.
• Repeated Contact After You Request to Stop: The FDCPA gives you the right to tell a debt collector, in writing, that you want them to stop contacting you. If you send this request, the debt collector can only communicate with you through the mail to confirm they’re stopping communication or to file a lawsuit. They can’t continue calling or harassing you about the debt.

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How Can a Lawyer Help a Debtor in This Situation?

If you’re being harassed by a debt collector, a debt collection harassment attorney can be a valuable asset in your fight to stop the abuse. Here’s how a lawyer can help:

• Understanding Your Rights: The Fair Debt Collection Practices Act can be complex, and a lawyer can explain your rights as a debtor in clear terms. They can help you understand what types of communication are allowed and what constitutes harassment.
• Stopping the Harassment: Your lawyer can send a cease and desist letter to the debt collector, demanding they stop contacting you in a harassing manner. This letter, drafted by your lawyer, will outline the specific violations committed by the collector and demand they cease all communication outside the legal boundaries set by the FDCPA.
• Reporting Violations: If the debt collector continues to harass you after receiving a cease and desist letter, your lawyer can help you file a complaint with the Federal Trade Commission (FTC) or your state Attorney General’s office. These government agencies have the authority to investigate and take action against debt collectors who violate the FDCPA.
• Negotiating a Settlement: In some situations, your lawyer may be able to negotiate a settlement with the debt collector. This could involve reducing the amount you owe or establishing a payment plan that aligns with your financial situation.

• Filing a Lawsuit: If the debt collector has caused you emotional distress or financial harm through their harassing tactics, your lawyer may advise filing a lawsuit against them. You may be entitled to compensation for damages, including pain and suffering, attorney’s fees, and even punitive damages against the debt collector in egregious cases.

Conclusion

Don’t be bullied by aggressive debt collectors. Knowing your rights under the Fair Debt Collection Practices Act and seeking help from a qualified debt collection harassment attorney can empower you to take control of the situation.

A lawyer can ensure that the collectors play by the rules and cease their harassing behavior. You don’t have to face debt collection alone.