Do you cringe as the phone rings for the sixth time in three hours and you look at the caller ID recognizing it is a debt collector calling….again?  If you have fallen on hard times and are behind on paying some bills, you may face this situation, over and over again.  A debt collector is being paid to collect debt, and often times will use whatever methods considered necessary to get results.   In many cases a person doesn’t simply choose to stop paying their bills; instead they don’t have the money to pay them.  What are your rights if you are suffering a financial hardship and cannot stretch your paycheck far enough to satisfy all your creditors?

Fair Debt Collection Practices Act (FDCPA)

This act dictates what debt collectors can and cannot do while attempting to collect a debt from you.  They can not:

Call continuously or repeatedly.  This is considered harassment.

• Call you at all hours of the day.  Acceptable times are after 8AM and before 9PM.
• Represent themselves as anyone other than who they are or work for.
• Threaten to use violence if you don’t pay the debt.
• Demand that you pay more than you owe.
• Use profane or abusive language.
• Call you at work if you have communicated to them that your employer does not allow or approve of such calls.
• Inform a third party about your alleged debt.
• Threaten you with actions they cannot or will not take.
• Continue collection attempts after receiving a cease and desist notification.  A debt collector can contact you once more after receiving this notice.  The communication must be in writing and should tell you one of the following things; that further efforts to collect the debt are terminated, that certain actions may be taken by the collector, or that the collector is definitely going to take certain actions.  Please remember this applies only to the debt collector not the original lender and in some cases may result in more aggressive collection efforts such as legal suits.

If you feel an aggressive debt collector has violated the FDCPA, you have the right to take the following actions:

File a complaint with your state’s attorney general.

File a complaint with the Federal Trade Commission against the collector.

File a complaint with the Better Business Bureau.

Or,

File a civil suit in your state or federal court for up to $1,000 including damages.

Now that you are aware of your rights under the FDCPA, you can take the steps necessary to stop the harassing calls.  However, the mere act of stopping the debt collectors does NOT absolve you of your debt.  If you haven’t already, you may want to begin researching ways to take charge of your finances.  Credit counseling, debt consolidation, and debt settlement are options that may be available to you to avoid bankruptcy.  Undoubtedly you are not obligated to participate in any of these programs; even so you are required to pay back your debt.-to do nothing is not really an option at all.

Related Articles:

• How to Stop the Collector's Calls at Work
• Time-Barred Debts and What It Means to You