Harassed by Debt Collectors? You're Protected by Federal Law

Debt collectors must abide by federal law when pursuing collection from the owing public. When individuals are harrassed by creditors, they may take action.

2012-07-26

July 26, 2012 (Press-News.org) No one likes being pestered by debt collectors calling at all hours of the day, making empty threats and using language that makes one blush. Fortunately, a federal law known as the Fair Debt Collection Practices Act protects individuals from debt collector and creditor harassment. It also makes it illegal for debt collectors to use unfair, deceptive or abusive tactics to provoke people to pay up.

Debt collectors can pursue collection of credit card debt, auto loans, mortgages and even medical bills. They are hired by creditors to collect debts owed to them within a certain period of time. Collectors earn more money if they collect debts quickly, so they have an incentive to use provocative tactics to collect debts from the owing public. Fortunately, federal law prohibits debt collectors to harass their callers and allows individuals to sue debt collectors for harassment.

Protections Under the Fair Debt Collection Practices Act

Under the Fair Debt Collection Practices Act, debt collectors must abide by several behavioral guidelines when pursuing collections for household, family and personal debts. After making initial contact with a person who owes money to creditors, debt collectors must send him or her a validation notice within five days that includes information on the debt owed and how to clear his or her name if he or she does not owe the debt.

Additionally, debt collectors must stop their collection efforts once they receive a letter stating an individual does not owe any or all of the money in question or asks for verification of the debt owed. Collections can start back up, however, once these requests are resolved.

Debt Collectors Behaving Badly: What They Cannot Do

In addition to these protections for individuals, debt collectors are forbidden from using several aggressive collection tactics. Debt collectors cannot:
- Threaten individuals with violence
- Threaten individuals with arrest
- Threaten to garnish wages unless given permission by law and intend to make good on the threat
- Use obscene language
- Use false names or false credit information
- Contact third parties about another individual's debt more than once, and then only to collect that individual's contact information
- Call individuals at odd times of day, like early in the morning or late at night
- Continue to call individuals at work after receiving oral or written notice to stop

Law Allows Harassed Individuals to Pursue Legal Compensation

Under the Fair Debt Collection Practices Act, individuals can sue debt collectors for harassment within a year of the incident. The law also encourages individuals to report such behavior to their state Attorney General's office and the Federal Trade Commission.

If you or a loved one has been harassed by debt collectors illegally, please contact a bankruptcy attorney who can help you understand your rights under the Fair Debt Collection Practices Act.

Article provided by Scura, Mealey, Wigfield & Heyer, LLP
Visit us at www.scuramealey.com

ELSE PRESS RELEASES FROM THIS DATE:

Texas Woman Sues Late Husband's Employer for His Wrongful Death

2012-07-26

A Texas woman has sued the employer of her late husband after he died from a workplace fall, claiming the company waited two hours to call an ambulance and denied her husband crucial medical attention. The widow alleges that instead of immediately calling 911 after her husband fell at work, the company took a urine sample from him while he was unconscious to test for drugs, a claim the company denies. The husband was a cement loader and batch man and was two weeks away from retirement. After he fell several feet, he lost consciousness and later died in the hospital. Now, ...

How to Protect Yourself From Wage Garnishment in Ohio

2012-07-26

If you have ever gotten behind on your bills, you may have received a notice from your employer informing you that your wages will be garnished, which might make you think that your entire paycheck will go to paying off your creditors. Fortunately both federal and Ohio laws limit both the amount of money that can be garnished and how often garnishment can occur. In addition, there are certain measures you can take to avoid wage garnishment before it happens, including filing for bankruptcy. Wage Garnishment and Legal Protections Wage garnishment is the legal process ...

Domestic Abuse Advocates Concerned About Proposed U-Visa Changes

2012-07-26

Ongoing political wrangling over reauthorization of the Violence Against Women Act (VAWA) has centered on several issues, notably the role of provisions that help immigrants who cooperate with police investigations. The House version of VAWA includes significant alterations to laws that help immigrants come forward to report domestic abuse. Under current law, a person who is married to an American citizen or legal resident who provides sufficient proof of abuse can confidentially seek a U-Visa without immigration officials informing the alleged abuser. Under the House ...

Elevator Accidents: Avoid the Risks Whenever Possible

2012-07-26

Unless you're a highly athletic person in great shape and in your twenties or thirties, taking the stairs to the floor where you work in a tall skyscraper is simply out of the question. Yet during recent years, two New York City elevator accidents have caused many workers to seriously reconsider how they get to and from their offices each day. Two Exceptionally Tragic New York City Elevator Accidents On Christmas day 2010, a woman named Deborah Jordan and her daughter went to SUNY Downstate Medical Center in Brooklyn to visit a friend. As the woman stepped into the ...

Easy to Spot Water Damage Prevention Tips for the San Diego Homeowner

2012-07-26

Homes are the biggest purchase that most consumers make, and protecting them is a job that requires preventive maintenance and professional assistance. Water damage is a common problem, and prevention is the key. However, there are some times that accidents occur, and Dry Express Restoration offers 24 hour service, quality workmanship and specializes in excellent customer service. Roofs are perhaps the most common source of water damage, and homeowners should be sure to pay close attention to ceilings. Often, small problems can be identified and repaired early on. Gutters, ...

ParentingBagofTricks Offers Free Report Revealing Sought-After Secrets to Parenting Toddlers

2012-07-26

Parenting Bag of Tricks has announced the release of its new free 27-page report entitled, "Understanding Your Toddler's Mind - What Every Parent Needs to Know". Inside this comprehensive report, moms and dads will find tools to parenting toddlers in today's media saturated world and surviving the terrible twos. From toddler tantrums to toddler play, parents will learn everything they need to know to nurture their growing child. "Understanding Your Toddler's Mind - What Every Parent Needs to Know" follows a unique approach to parenting toddlers. More ...

Raise a Glass for the Latest in Wedding Fashion at Next

2012-07-26

From what you would wear to a wedding to your favourite bridesmaid dresses and wedding shoes, the bloggers discussed their favourite trends over tea and cakes, whilst sharing their thoughts via social media with the hashtag #nextweddingtea. Particular favourite dresses included the floral lace pencil dress from the Winter Florals collection. The stunning pencil dress embraces a stylish red and navy floral design which works beautifully with the figure flattering lace skirt. Another was the printed mesh dress; think berry, blush and ochre shades. Complete the look with ...

BizOffice.com Announces Launch of New Directory for Small Businesses

2012-07-26

The BizOffice.com directory was developed as the website undergoes an ongoing transition from a static resource website to a dynamic and evolving one, delivering up-to-date resource articles allowing business owners to increase their returns and improve their business. With this evolution the site recognized a gap in it's ability to provide a resource area for small businesses and other small business resource websites to be featured. The directory page highlights twelve main categories: accounting, attorneys & legal services, human resources, marketing products/services, ...

Four Billion to Watch London Olympic Opening Ceremony

2012-07-26

In a day's time all eyes will be on London as an estimated global television audience of up to four billion tune in to watch the London Olympics Opening Ceremony. Entitled "Isles of Wonder" and taking place in the Olympic Stadium, the Ceremony will showcase the Best of Britain and will feature a parade of all 204 participating nations as well as the symbolic lighting of the Olympic torch. At 9pm on Friday 27th July the largest harmonically tuned bell in Europe will sound to kick off the London Olympics Opening Ceremony. Produced by East London's famous Whitechapel ...

Will Planetary Resources Really Have That Big of an Effect on Precious Metal Prices?

2012-07-26

While the price of precious metals remains high, there has been some fluctuation in the market recently. Overall, it's a good time in San Diego to visit a gold buyer. Even with these small ripples in price, the market is still at an all time high. Now is a perfect time to get rid of jewelry that you aren't wearing when you can get such a premium for your gold and silver. The prices of precious metals are predicted to stay high in the long term. There is always a bit of movement in the short term because the market is never solely governed by true 'supply and demand." ...

LAST 30 PRESS RELEASES:

WPIA: Accelerating DNN warm-up in web browsers by precompiling WebGL programs

First evidence of olaparib maintenance therapy in patients with newly diagnosed homologous recombination deficient positive/BRCA wild-type ovarian cancer: real-world multicenter study