Debt Collectors and Your Rights
By Sergei Lemberg
Fighting back against debt collectors can feel like a quixotic undertaking, particularly if you've already been victimized by the economy's downward spiral. When you've lost your job, your home, or have incurred a wave of unexpected medical expenses, the last thing you need is a bill collector calling you at all hours of the day and night, sending you collection notices in the mail, or contacting your friends, family members, and coworkers.
But make no mistake -- bill collectors circle like sharks in the water, waiting to strike when you're at your most vulnerable. In fact, they're placing a bet on the chance that you don't know your rights and that you don't know what constitutes illegal behavior on the part of debt collection agencies.
If you've been the victim of debt collectors' dirty tricks, the first thing you should know is that there's a law on the books to protect you. It's a federal law called the Fair Debt Collection Practices Act. It goes into precise detail about what third party debt collection agencies can and can't do in an attempt to collect a debt.
For example, a debt collector can't call you late at night or early in the morning. He can't call you at work unless you've given your permission. He also can't engage in other forms of telephone harassment, such as calling repeatedly and hanging up, using profane language, or threatening you with arrest or violence. In addition, a collection agency can't send you a letter or a postcard that indicates on the envelope or postcard that they're trying to collect a debt. And, while a debt collector is allowed to contact your friends, family members, or coworkers, they can only do so in order to get contact information for you. Once they can contact you directly, they're no longer allowed to contact the people you know. And, even when they're contacting others to look for you, they're not allowed to tell others that you owe money.
If you've been the victim of illegal collection practices, the Fair Debt Collection Practices Actsays that you can sue the debt collector, and receive up to $1,000 in damages. That's why it's important that you contact an attorney who specializes in fair debt law. The good news is that retaining a fair debt attorney shouldn't cost you a penny. That's because the Fair Debt Collection Practices Act says that the unethical debt collector is responsible for paying your attorney's fees.
