Debt Collectors: How To Handle Harassment

In these rough economic times, it’s possible that you or someone you know has fallen behind on a payment of some sort. If you are now receiving daily or weekly phone calls or letters, you may be suffering from debt collector harassment . While these agencies do have a legitimate right to attempt to collect monies owed them, sometimes their relentless calling can border on harassment. Even though you owe the debt, you still have rights, and being aware of what is and is not allowed can help you protect them.

According to The Federal Trade Commission’s Fair Debt Collection Practices Act (FDCPA), examples of harassing behavior by debt collectors can include threatening to harm the individuals unless the debt is paid, or threats that violence will be used in order to collect the funds owed, using profanity or other obscene language or repeatedly calling before or after the permitted hours specified by the act. Debt collectors are also not allowed to publish or circulate lists containing the names of those who have refused or disputed the amount owed. However, this information can be provided to credit reporting agencies or companies.

The FDCPA also prohibits “repeatedly using the telephone to annoy someone”, which means that if you tell a debt collector that you do not wish to communicate by phone, and they continue to call repeatedly, they are violating the law. The most effective way to end this form of harassment is to inform them of your wish to be left alone via a cease and desist letter. Bear in mind, however, that the cease and desist letter will only stop the debt collectors from contacting you. It does not apply to the original creditor.

Whether the debt collector is an agency or an individual, they are not permitted to contact you at your place of employment, or call you at home before 8 a.m. or later than 9 p.m. They are also prohibited from adding additional charges to your original bill for being delinquent, act in a manner considered verbally abusive, or contact anyone other than yourself or your attorney---if you have one---regarding payment of your debt. All of the above actions constitute harassment. If any of these have or are happening to you, inform the collector or agency that you want them to stop harassing you. If they fail to do so, request the name and address and file a complaint with the Better Business Bureau, The Federal Trade Commission, or your state’s attorney general.

Another way to stop debt collector harassment is through a process known as debt validation. The FDCPA states that anyone attempting to collect a debt is required to respond to a properly initiated validation request. In order to be valid, the request must be sent, in writing, within 30 days of an individual being notified that he or she owes the amount in question. While the act does not specify how long a debt collector has to respond, he may not continue calling or other attempts to have the monies repaid until adequate proof of the debt is provided. If no response is made, the collector or collection agency may forfeit the right to pursue payment. Continued efforts on their part could entitle the consumer to take legal action in state or federal court.