Can creditors call you at work and threaten you?

Answer 1

AnswerThey can contact your place of employment if they have not been informed that they should not do so, but a creditor/collector cannot use threats or intimidating tactics regardless of their method of contact.

A debtor has the legal right to send a creditor or collector a "cease and desist" letter requesting them to stop all contact with them and their family. The letter should be specific in citing and should include place of business, home, cell phone, relative contact and so forth.

Once the creditor receives the letter they may only contact the debtor to inform the debtor that a major change of status has been made on the account, such as the sale of the account to a third party, a right to cure notice, notification a lawsuit has been filed.

The Fair Debt Collection Practices Act or FDCPA was propounded by the Congress to safeguard the interests of the consumers as they are often harassed by collection agencies.

The FDCPA is a Federal Law meant for the protection of consumers. It encompasses a set of rules governing the activities of collection agencies. The Law also defines the type of information a debt collector is entitled to collect from the debtors. Not only this, the FDCPA also lays the ground for the legal action that can be taken against the the collection agencies.

• FDCPA restricts debt collectors from contacting a third party who does not owe money to the creditors. Third party may include employers, neighbors and relatives of the debtor. However, a co-applicant of a debtor can be contacted.
• FDCPA does not allow a debt collector to-

  Ruin your credit rating

  Refer account to an Attorney

  Garnishment or repossession

  Extract money by giving false threats

• Making phone calls at odd hours is prohibited. A debt collector can make phone calls between 8.00AM to 9.00 PM. They are not allowed to make phone calls at your workplace, if your office policy does not allow it.
• The debt collectors are not allowed to inform the employers about the purpose of the call.

Steps to take if a debt collector violates FDCPAIf it is found that a debt collector has violated FDCPA (Fair Debt Collection Practices Act) norms, you have every right to legally penalize the debt collector in a state court or a federal court. You can sue a debt collector within one year from the time he violated FDCPA rules.

If you win the lawsuit, you can make claims for recovering damages you suffered due to debt collectors. In addition to this, you can also make claims amounting to USD$1,000.00. Attorney fees and court costs can also be recovered from the debt collectors if it is found that they have violated the FDCPA guidelines.

Whom to contact in case of FDCPA violation?In majority of the cases, debtors who have been harassed by debt collectors report irregularities to the Attorney General of the respective states. You can also approach the Federal Trade Commission or FTC to register your complaints

Answer 2

no.