Collections Agency

Understanding Your Rights As A Debtor


Many unfortunate debtors have had to undergo severe strain when it comes to dealing with debt collection agencies. While some are very fair and disclose all their information to the debtors they are pursuing, others tend to follow less orthodox and illegal routes to push for payment. Because of the many complaints that have been lodged against debt collection agencies, it is advisable that debtors facing this kind of debt recovery understanding their rights. Not only will it allow them to know when a debt collections agency is carrying out illegal activity against them, it also helps to build a case against them. Being able to prove that the agency has contravened the Fair Debt Collections Practices Act is a good way of getting the court on your side in getting them to back off.

One of the stipulations the act sets out is when the agency can contact you. They can only make calls after 8a.m. and before 9p.m. If they call outside these hours you can note the time, the person you spoke to and the details of the conversation. Another way these agencies sometimes unfairly intimidate clients is by visiting you at your place of business or employment and speaking to supervisors or clients. They are only allowed to discuss your debt with you or your attorney alone.

They are also not permitted to threaten a person with physical harm, arrestor even legal action unless they are actually taking you to court. In many states only the principal creditor can sue you, not the collections agency. Depending on the state laws, they may also not be able to threaten you with garnishment of wages or seizure of property. When they do call, they should not use foul language or call back repeatedly, particularity if you have requested they desist.