When Debt Collectors Go Too Far

[Purveyor]

MarketWatch-NEW YORK -- Debt collectors can make your life miserable when you are struggling to keep up with your financial obligations and have fallen behind on some of your debts. However, the federal Fair Debt Collection Practices Act places limits on what they can do to collect the money they say you owe.

In his new book "The Bankruptcy Handbook: Everything You Need to Know to Avoid Bankruptcy, Get Rid of Debt, And Rebuild Your Credit," bankruptcy attorney John Ventura says debt collectors are prohibited from taking these actions:

Repeatedly contacting you about a debt within a relatively short period of time (during one morning or afternoon) in an effort to wear you down.

Calling you earlier than 8 a.m. or later than 9 p.m., unless you tell the collector that it's OK to call you then. The FDCPA also prohibits debt collectors from calling you at a time that you tell them is inconvenient, or anytime on Sunday.

Similarly, it is unlawful for them to continue to call you if you tell them not to call you anymore. However, that does not mean that debt collectors won't continue trying to collect the money that you owe. For example, if you owe a lot of money, they may sue you.

Calling you at work if you tell them that your employer doesn't want you contacted there, or calling your employer about the money you owe, except in the case of trying to collect past due child support from you.

Telling your friends, relatives or neighbors that you owe a debt in order to embarrass you into paying it. But debt collectors are allowed to contact them to find out how to get in touch with you -- where you live and your phone number -- although they cannot say why they want the information.

Sending you information about a past due debt using a postcard or an envelope that clearly indicates that it was sent by a debt collector, or using an envelope that appears to have been sent by a court or by a government agency.

---EOE---

http://www.foxbusiness.com/markets/industries/media/article/debt-collectors-far_502125_15.html

[BleedingHeartPatriot]

1. This is news? Oh, I guess the paper millionaires are getting the calls.

Sorry guys. Debt collectors suck.

:shrug:

[classof56]

2. Lately I've been getting numerous messages on my answering machine

from collection agencies trying to nail the person who had my phone number--FIVE years ago! Thanks to caller ID, I don't pick up most calls I don't recognize, and the message tells me to delete if I'm not the debtor. I used to answer them and say "Alice doesn't live here anymore" or whatever, but it's getting pretty tiresome. Causes me to think though if I decided to skip on my bills, there's every possibility they might not find me! I know--wishful thinking...but it seems to be working for the person who had my phone number FIVE years ago!

Sigh...

[Warpy]

3. I get that, too

and telling them that Deadbeat doesn't have this number and hasn't had it for the last four years hasn't done any good.

I've taken to giving them a Bronx cheer and hanging up. It's quite satisfying.

[classof56]

4. What a great idea! I'm gonna try that--at least they'll get an earful!

Blessings!

Tired Old Cynic

[Norrin Radd]

5. No no. Say, "Just a sec, gotta put you on hold."

Then put the receiver to a speaker playing the worst music you can think of on a loop.

[ret5hd]

6. Abba?

[Norrin Radd]

7. Marilyn Manson

[ret5hd]

8. Air Supply?

(Don't keep me goin'. if you notice, i'm going in alphabetical order.)

[MountainLaurel]

9. Me too

What annoys me most is that the messages are on our cell phone, which is a pay-as-you-go phone. So, everytime I check the messages and get one of these, I get charged for it.

[lizerdbits]

10. My mom had the same problem

Someone with her name about 25 miles away was not paying bills so she kept getting the calls. I guess they were going through all the area phone books trying to find the woman and harassing a few with the same name.

[MaryCeleste]

11. That has happened to me with my last two moves

Previous one actually had process servers at the door. One pushed open an unsecured front door and stepped into the house. Had it been in Texas I could have made the world a better place.

The most recent one was phone only. Took them some time to convince them I was not their "low life deadbeat" (their words not mine). Turns out he was a local kid who joined the Army and did leave a small mess behind.

They really are scum and make Dog the Bounty Hunter look like an angel.

[graywarrior]

12. Most of them are felons, sex offenders and racists.

I work in a call room which seems to attract such lovely people.