
If you find yourself grappling with overdue debts like countless other Americans, it's important to know that your creditors may employ various methods to collect what you owe. From attempting to collect the debt themselves to handing it over to a debt collector or collection agency, these actions can sometimes lead to harassment. Fortunately, the Fair Debt Collection Practices Act (FDCPA) sets clear boundaries for debt collectors, outlining what they can and cannot do. By familiarizing yourself with your rights, you can better protect yourself from such harassment. In more complex cases, consulting an attorney who specializes in this area of law can be immensely beneficial.
Understanding the Scope of the FDCPA
The FDCPA encompasses a wide range of consumer debts, including credit card debt, personal loans, auto loans, student loans, medical bills, and mortgages. It's important to note, however, that it does not cover business debts.
In a previous post we talked about what debt collectors can't do, but what can they do? Debt collectors' primary objective is to recover the money owed, and they may adopt various measures to achieve this goal. Here's what the law allows them to do:
They can continue collection activities on expired debts that have surpassed the statute of limitations.
They may sell your debt to other collectors or collection agencies.
They may employ frequent communication, including calls, letters, and discussions of legal action, to urge you to pay.
They may offer debt settlements, allowing you to pay less than the original amount owed.
They may sue you in court, potentially leading to wage garnishment, as a means to collect the debt.
Frequency of Debt Collector Calls
To prevent abuse, oppression, or harassment, the FDCPA restricts debt collectors from repeatedly calling you. Generally, if a debt collector contacts you about the same debt more than seven times within a seven-day period, it may be seen as a violation of the law. Additionally, if a debt collector has already discussed the debt with you, they cannot call you again for the next seven days.
Calls at Your Workplace
Debt collectors are allowed to call your workplace to obtain your contact information. However, they are prohibited from revealing any debt-related details to your colleagues or superiors. If you request that debt collectors cease contacting you at work, they must comply immediately. Although not mandatory, it's advisable to make this request in writing, as it strengthens your case should legal action become necessary. If a debt collector persists in calling your workplace despite your request, you may be entitled to seek statutory damages.
Understanding your rights as a consumer is crucial when dealing with debt collectors. While they have the right to pursue payments from delinquent borrowers, they are strictly prohibited from using threatening or abusive language and contacting you at unreasonable hours. If you believe you are a victim of collections harassment, you have the legal right to take action. In such cases, seeking the guidance of a skilled Elite Legal Practice attorney who specializes in collections harassment can be instrumental in protecting your rights and resolving the situation effectively.