MAIN Home Life Home Legal Guide Debt Collection
Being in debt
can be a harrowing and miserable state of affairs. So the last thing
that anybody in needs is unfair debt collection practices being
used against them to threaten or abuse them in to paying their
debts more quickly.
Usually, abusive practices simply add to the misery, rather than being
constructive in some way.
Fortunately for debtors, there are laws against many of the unfair
practices that may be employed by some debt collectors.
What debt collectors can't do
The Fair Debt Collection Practices Act was passed in 1978 for
the purposes of protecting debtors from any and all unfair debt
collection practices, and for offering debtors a way to dispute
unfair practices used against them.
The specific abusive acts that the Fair Debt Collection Practices
Act prohibits include:
- restricting the hours when a collector can contact a debtor (between 8:00
am and 9:00 pm)
- the use of profane or abusive language,
- the publishing of a debtor's name on any sort of black list
- contacting the debtor at their place of work
- phoning repeatedly with the intent to annoy or harass the person on
the other end of the line (i.e., threatening to issue an arrest
warrant or other outlandish claims.)
What the Fair Debt Collection Practices Act can do for you
Debt covers personal, family, and household debts, including
money you owe on a personal credit card account, an auto loan,
a medical bill, and your mortgage.
The Fair Debt Collection Practices Act gives the debtor the option
of validating information about their debts, which can be instrumental
in thwarting some unfair debt collection practices such as the
misrepresentation of the debt in some way, such as claiming that
the amount owed is actually more than it is. Debtors should also
know that if they make such a request, the Fair Debt Collection
Practices Act prohibits debt collectors from contacting debtors
or pursuing the debt in any way until after that information has
More about debt collection around the Web:
Being in debt can often seem like a hopeless situation, but everyone
should be aware of the fact that abusive or unfair debt collection
practices are not tolerated by the government. Should anyone become a victim of such practices, there are options available.
Collection Practices: When Hardball Tactics Go Too Far - Helpful guide for finding relief from unfair or illegal debt
collection practices with related links and resources to more
Collection - About.com guide to the topic with information on wage garnishment,
negotiating with debt collectors, sample letters, tips & advice
on dealing with debt scams with debt validation FAQ.
Fair Debt Collection Practices Act (FDCPA) - Complete overview of debtor protections law including information
on restrictions imposed on collection agencies and advice on available
remedies if a debt collector violates the law.
to File an Ethics Complaint-
Complaint forms, where to send them, and other tips and advice
on reporting unfair debt collection practices, from the Association
of Professional Credit and Collection Professionals.
see -> How
to Avoid Identity Theft | How
to Avoid Foreclosure
to File Bankruptcy
provided on these pages is intended as reference
only and does not constitute professional legal advice.