DEBT COLLECTION HARASSMENT
Protection Under the Fair Debt Collection Practices Act
As a debtor, you have protections under the Fair Debt Collection Practices Act (FDCPA) from overly aggressive, harassing debt collectors. If you are being harassed by collectors, it is important to know that you have rights under the FDCPA.
What is Debt Collection Harassment?
While there are many ways to violate the FDCPA, some common violations involve the following actions by collectors:
- Calling you when they are not supposed to, for example:
- Call you before 8 a.m.
- Call you after 9 p.m.
- Call you at work more than once
- Call you more than once per week
- Call you after the collector knows you have an attorney
- Call at times the collector knows or should know are inconvenient
- Contact you after you asked in writing for the collector not to contact you
- Trying to collect a debt that is not valid
- Filing a lawsuit or threating to sue you on a time-barred debt (e.g., more than four years old in CA)
- Threaten to sue on a debt when the collector has no intention of doing so
- Threaten to garnish wages without explaining that the creditor must first obtain a judgment
- Threaten arrest or the like
- Threaten to place a lien on your property without explaining that the creditor must first obtain a judgment
- Using deceptive statements or practices in trying to collect a debt
- Using abusive language (e.g., profanity, yelling, threats)
- Implying the collector is affiliated with the government, courts or law enforcement
- Asking you to pay more than you owe
- Trying to collect the wrong amount
- Failing to properly identify the name and company of collector when leaving messages
The Power to Fight Back
The FDCPA gives you the power to fight back against creditors who are harassing you. If you feel you have been the victim of debt collection harassment, please contact us to learn about your legal rights and options.