Whenever we hear the term debt collectors, the first image that comes to mind is scary, rude, and abusive people who use coercion and violence to get what they came for.
Unfortunately, most people do not know they can exercise certain rights to protect themselves from the threatening behavior and tactics of debt collection companies. This information can come in handy for people who have defaulted or cannot pay their debts. It's also essential to learn about the code of conduct for debt collectors who approach you so you can call them out on lousy conduct if need be.
The United States Federal Trade Commission has set up the Fair Debt Collection Practices Act (FDCPA), which offers a code of conduct and sets legal boundaries for third-party debt collectors.
Here's what you can do whenever a debt collector approaches you:
Sometimes debt collectors do not have accurate information about your debt, or they intentionally try to take money out of your pocket even when you do not own any. You should be aware of such cases and take the necessary measures.
There are chances that your debt has been sold to a collection agency, or the agency has forwarded your case, creating an information gap. The incorrect information may include discharge of debt from bankruptcy or someone else's debt with a similar name.
When the debt collectors or the debt collecting agency contact you, they must send a proper notice with complete details of the debt you own, how you will pay, and to whom. It would be best if you asked for verification and more information via sending back a letter. However, be extra careful not to accept any responsibility and payables.
The United States Consumer Financial Protection Bureau has given sample letters to ensure American citizens' safety and rights protection.
No one can arrest you until they have a warrant. Moreover, warrants are issued to law enforcement agencies to conduct an arrest. Debt collectors often use the tactic of creating fear by threatening that they will have you arrested if you cannot pay back the debt; it's clever but will not work.
Even if you cannot pay any loans (car, mortgage, credit card, or medical), you are still free from jail. However, the courts can issue a warrant if you do not attend the hearings or refuse to pay a court fine.
Debt collectors are forbidden from FDCPA to pretend to work for law enforcement establishments. Under any means, they cannot claim to be working for a government or consumer reporting agency. If a debt collector claims to represent such an institution, contact law enforcement immediately and inform them about the illegal claims.
In 2014, a related incident occurred in Georgia where a group of debt collectors pretended to be FBI agents and forced people to pay back a debt that didn't even exist. However, the federals caught the scam group and faced years of jail time. Be vigilant.
Harassment is unacceptable under any circumstances, and the law does not support harassment policies for debt recovery. Debt collectors cannot threaten you with harm or violence. If they do so, you have the right to file a legal complaint, and authorities can take action against them.
To pressure people, they call at random times of the day. It can be early in the morning or late at night (before 08:00 am and after 09:00 pm), but you can clearly ask them not to call at odd hours. You can even issue a formal letter that prohibits them from calling you during work hours, set the hours for calling, or asks them to contact your lawyer. If they do not refrain, you have the right to file a harassment complaint against them.
However, they can contact you on certain occasions to inform you about the lawsuits and progress in the case.
You are not defenseless when debt collectors approach; you are protected under the law. There is a legal path to follow for the collector and you, which ensures the protection of your assets, rights, and respect. Follow the rules and regulations set by the FDCPA to be prepared against debt collectors.