How to Stop Debt Collectors from Harrasing You

Today, consumer debt is growing out of control. With the credit crunch, more and more people are facing collections. Most of the time, collection agencies operate in a professional manner. They arrange a payment plan with you if you contact and cooperate with them. As long as you stick to that and maintain communication everything should be fine. However, there are a few cases where people aren't so lucky. Some are harassed and even threatened with abuse. In this article, we will look at how to get those debt collectors to stop harassing you.

Suggestions

1. Know your rights in a debt collection situation. You'll be surprised to know you have more than you realize. First of all, your rights regarding debt collection cover all personal debts. Any credit cards, personal loans from a bank or lending institution, mortgages, and car loans are covered. Private debts with individuals are not covered.
2. Be aware of the times of contact. Debt collectors are limited to the times and places in which they can call you. They cannot call you before eight in the morning or after nine in the evening. This is unless you give them permission to do so. They also cannot call you at work if you forbid them to do so. Tell them your boss does not approve of these types of calls, and they are legally forbidden to do so from that point on.
3. Stop harassing phone calls simply by asking. If you inform the debt collector in writing to stop contacting you then he or she is bound by law to do so. Once they receive your request, he can only follow up with correspondence stating either that there will be no further contact or that that the creditor intends to take further action. You need to keep one thing in mind regarding this: Telling the collector to stop will not make the problem go away. The debt will still be there, and the creditor may take a more serious approach.
4. Know your rights regarding third party contacts. If you have an attorney, the debt collector can contact them rather than you. You can also instruct them to only contact your attorney. Debt collectors can contact friends and relatives. However this is only to get your contact details. They are not allowed to disclose the fact that you owe money. Depending on your state laws, they may only be allowed to contact these individuals one time.
5. Avoid being taken in by misrepresentation. Debt collectors must give you clear and accurate information in a timely manner. Within 5 days of their initial contact, they must provide you with the amount you owe. They must also let you know to whom you owe the money, and explain what further action will be taken if you do not pay the money owed. They cannot delay things or misrepresent the amount.
6. Dispute any claims you feel are not accurate. This is a right you have under the law. They are then prohibited from contacting you further if you state in writing your dispute to the creditor. The creditor can reinstate new proceedings if they offer some form of proof that you do owe the money.You also have the right to dictate where payments are to go. If you have more than one account in collections your payments must go where you state. The debt collector cannot alter this even if it may be in your best interest. Debt collectors are also prohibited from depositing post dated checks before the assigned date.
7. Stand strong. Don't be intimidated. Some are frightened into paying up because the debt collector claims to work directly for some powerful entity. Some examples being the government, the credit bureau, the police, and the banks. Unless they are directly employed by one of these agencies and working on their behalf in this situation it is illegal for them to behave in this manner. If they make these claims, ask to see their credentials.
8. Take action against threats. Any debt collector that threatens to put your name on a public list is operating way outside the parameters of the law. The only entities that can be informed of your debt problem are credit agencies. If they threaten you with this, take their name and report them immediately.
9. Ignore threats of imprisonment. It is possible to go to prison for non-payment of debt, but it is extremely rare. It is illegal for the debt collector to even imply you have committed a crime unless it is true. They also cannot threaten you with arrest. This is beyond their jurisdiction. They cannot state seizure of goods, your home or garnishing of wages unless the creditor has taken the correct and legal steps to employ these tactics. If they make these claims, ask to see the evidence.
10. Check the amount you owe. Some states do allow for the debt collector to receive a commission based on the amount of debt recovered. However, this needs to be made clear to you from the beginning.Debt collectors also may not misrepresent the legality of documents. They cannot say forms are legal documents when they are not. They also cannot say the opposite, that they are not legal when they are.
11. Deny any contact that asks you to pay. Debt collectors may not force you to accept collect calls, pay for telegrams or mail. You have the right to refuse these with no further penalty. They are also prohibited from contacting you by postcard.
12. Report and harassment or abuse. Debt collectors are forbidden to harass, threaten violence or abuse you physically. Any breach of these laws can result in prosecution for them and the credit agency.

Other Tips

• If you feel that the debt collector has breached your rights, you do have legal recourse. You can sue for damages in state or federal court up to one year after the law was violated. You may recover damages.
• Don't let yourself be bullied when dealing with creditors.

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