Protecting Yourself from Abusive Debt Collectors

Author: Liz Roberts Subscribe to users feed SocialTwist Tell-a-Friend

When facing a serious debt problem, a person may feel helpless, stressed and frustrated. You may be vulnerable to threats and harassment from debt collectors. However, just because you're in debt doesn't mean you should be treated with less respect.

Why Debt Collectors Resort to Unfair Practices

Despite the existence of the Fair Debt Collection Practices Act (FDCPA), many debt collectors still resort to abusive tactics and illegal practices in an attempt to force borrowers to pay. The reason? Many consumers are not clearly aware of their rights and are hesitant to file a complaint. Other consumers simply don't want to go through a prosecution and thus may put up with violations.

But you don't have to put up with debt collectors who are trying to take advantage of your situation. Know your rights as stated in the FDCPA and protect yourself from unjust treatment. For instance, you should be aware that a debt collector cannot use harassment, false threats or abusive languages against you. They cannot disguise themselves as a government prosecutor or a representative of the BIR or FTC just to force you to pay. They cannot disclose any information about your debts to any third party such as relatives, friends, employers, or neighbors. Collectors are not allowed to call before 8 am or after 9pm unless you gave them permission to do so.

If a debt collector is asking you to repay charges that you didn't owe, you can send a letter of dispute to your lender. As soon as they received your dispute letter, your lender should immediately conduct an investigation about the issue. They have 30 days to resolve the matter. During this period or while the investigation is being conducted, they are not allowed to make any collection activity.

You can also request your debt collector to stop notifying you about your debts. However, bear in mind that this doesn't release you from your obligation to pay. Even if the collection attempts has been stopped, you should take the initiative to submit your repayments.

Take Action Against Abusive Debt Collectors

If a debt collector is guilty of violation of the FDCPA, what can you do? The first step is to send a letter to your debt collector and notify them about the violation committed against you. Tell them to stop all their debt collection activities immediately. Upon receipt of your letter, your debt collector should respond positively and stop all its attempts to contact you.

If your debt collector refuses to cooperate, report them to your State Attorney General's Office right away. Keep records of all your past and present correspondence with your debt collector as this would help in proving your claims. It is also recommended to record all your phone conversations with your debt collector especially if they are guilty of harassment.

Don't forget to file a complaint to the Federal Trade Commission (FTC) as well. The FTC regulates all debt collection agencies in the US and if it received enough number of complaints from consumers, the agency in question would be forced to shut down its operations.

Liz Roberts is a freelance writer and loan consultant. The website BadCreditResources.com offers resources that specialize in providing bad credit loans and credit cards for bad credit.

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