Get Help from an Attorney for Bill Collector Harassment

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You're being harassed by a bill collector and you're not sure what to do. Having an attorney can make all the difference in protecting your rights and stopping the harassment.

In the United States, the Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect a debt. This includes calling you repeatedly, using profanity, or threatening to sue you.

If you're being harassed by a bill collector, it's essential to document every interaction. This can help your attorney build a strong case against the collector and protect you from further harassment.

Understanding Harassment

Debt collection harassment is a serious issue that can happen to anyone. Debt collectors may use abusive, unfair, or deceptive practices to intimidate, coerce, or bully consumers into paying off debts.

Repeated or continuous telephone calls can be a sign of harassment. Debt collectors may call individuals at unreasonable times or locations, such as early in the morning or late at night.

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Pressuring individuals to repay debts by contacting them or their known ones at unreasonable times or locations is also a form of harassment. This can include calling family members or friends to try to get the individual to pay.

Threatening or harassing behavior is a clear violation of the Fair Debt Collection Practices Act (FDCPA). If debt collectors are bothering, mistreating, or bullying you, they are punishable under the law.

Laws

Debt collectors are not allowed to harass or abuse you in any way. This includes using threats of violence or harm, or making repeated phone calls to annoy you.

They also can't publish a list of people who refuse to pay their debts, except to a credit bureau. This is a clear violation of your rights.

Debt collectors must respect your time and space. They can't call you before 8AM or after 9PM, and they can't use obscene or profane language.

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Here are some specific things debt collectors can't do:

  • Use threats of violence or harm;
  • Publish a list of consumers who refuses to pay their debts (except to a credit bureau);
  • Use obscene or profane language;
  • Repeatedly use the telephone to annoy someone;
  • Call before 8AM or after 9PM; or
  • Threaten that you will be arrested or jailed for failure to pay.

If you think your rights have been violated, you can contact a firm for help.

Collector Contact and Communication

A debt collector must contact your attorney if you have one, rather than you. This is a key protection to prevent harassment.

A collector may contact other people to find out where you live, what your phone number is, and where you work, but only once. They can't contact anyone else about your debt after that.

If you don't owe money, a collector may NOT contact you if you send them a letter stating you don't owe money within 30 days after receiving a written notice.

Collector Contacting About Account

A debt collector can contact your attorney if you have one, rather than you. This is a requirement, not an option.

If you don't have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. They can only contact a third party once.

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Debt collectors are only allowed to disclose information about your alleged debt to you or your spouse. They can't tell anyone else that you owe money.

A collector must send you a written notice within five days of first contact, telling you the amount you owe, the name of the creditor, and how to dispute the debt if you think you don't owe it.

Can a Collector Contact You If You Don't Owe?

A collector may NOT contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money.

If you don't owe money, you can stop a collector from contacting you by sending a letter within 30 days of receiving the written notice. This is a simple and effective way to put a stop to unwanted calls and letters.

However, if you're sent actual proof of the debt, such as a copy of a bill for the amount you owe, a collector can renew collection activities. This means you'll be contacted again, and it's essential to review the proof and respond accordingly.

You can't ignore a collector, but you can take control of the situation by sending a letter stating you don't owe money.

Collector Tactics and Practices

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Debt collectors may use abusive collection tactics, including threatening violence or other criminal acts, using profane or obscene language, and falsely accusing consumers of fraud or other crimes.

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors may not engage in unfair practices, such as collecting an amount greater than the debt, depositing a post-dated check early, or using deception to make consumers accept collect calls.

Here are some examples of unlawful collection practices:

  • Collecting an amount greater than the debt
  • Depositing a post-dated check early
  • Using deception to make consumers accept collect calls
  • Taking or threatening to take property unless it can be done legally
  • Contacting consumers by postcard

Unlawful Practices

Debt collectors are regulated by laws that prohibit certain practices. One of these laws is the Fair Debt Collection Practices Act (FDCPA). According to the FDCPA, debt collectors may not engage in any conduct that harasses, oppresses, or abuses anyone in connection with the collection of a debt.

Debt collectors may not contact you at work if they have reason to know your employer does not permit such calls. They also may not call you before 8:00 a.m. or after 9:00 p.m. unless they know such times are more convenient for you.

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Debt collectors may not use unfair or unconscionable means to collect or attempt to collect a debt. This includes using deception to make you accept collect calls or pay for telegrams. They also may not take or threaten to take your property unless they can do so legally.

Here are some specific practices that are prohibited by law:

  • Collecting an amount greater than your debt, unless your state law permits such a charge
  • Depositing a post-dated check early
  • Using deception to make you accept collect calls or pay for telegrams
  • Taking or threatening to take your property unless they can do so legally
  • Contacting you by postcard

If you think you have been subjected to unlawful debt collection practices, you can take action to protect yourself. This includes keeping good records of all contacts between you and the debt collector. You can also seek help from a consumer protection agency or an attorney.

Agency Collection Timeframe

A collection agency can call and send letters almost indefinitely, but it's essential to know when the statute of limitations has passed.

Each state has its own statute of limitations, which can be between three and six years, and varies depending on the type of debt involved.

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If the statute of limitations has passed, the debt is no longer collectible, and you don't need to pay it, even if it was originally a legitimate debt.

The debt cannot be reported to a credit reporting agency, and the agency cannot file a lawsuit against you.

If a lawsuit is filed, you can provide proof to the court that the statute of limitations has passed, and the case will be dismissed.

Frequently Asked Questions

What is the 777 rule with debt collectors?

The 7-7-7 rule restricts debt collectors from making more than 7 calls within a 7-day period to a consumer about a specific debt, and also prohibits calls within 7 days after a previous conversation. This rule aims to prevent harassment and excessive contact from debt collectors.

How do you fight a bill collector?

To fight a bill collector, start by requesting a debt validation letter that outlines the debt and your rights, and then submit a written request for more information to temporarily halt collection efforts. This can help you understand the debt and potentially dispute it.

Emily Hilll

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Emily Hill is a versatile writer with a passion for creating engaging content on a wide range of topics. Her expertise spans across various categories, including finance and investing. Emily's writing career has taken off with the publication of her informative articles on investing in Indian ETFs, showcasing her ability to break down complex subjects into accessible and easy-to-understand pieces.

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