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Debt Collection

What is considered harassment when attempting to collect a debt?


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2005-09-08 14:14:02
2005-09-08 14:14:02

It is difficult to define harassment under FDCPA guidelines. Creditor behavior can be considered by one person as being harassment and by someone else as being simply a nuisance. The more documentation the debtor has to prove their claim the better, if the state allows phone calls to be taped w/o the other parties consent, that should be done. Another option is to have someone listen to the conversation on an extension. Record the date and time of all phone calls and keep all written correspondence. FDCPA Sect: 805(a) basically states that without a court order or permission of the debtor a debt collector may not communicate with a consumer at (1) any unusual time or place inconvenient to the debtor (8.a.m.-9 p.m.); (2) if the debt collector cannot call the debtor's place of employment when requested not to do so, nor contact the debtor if they have been informed the debtor has retained an attorney. Those are some FDCPA regulations. but the reality is most debt collectors consistently violate every rule with little if any concern about possible consequences. Several states have their own laws pertaining to debt creditors/collectors. If a consumer believes FDCPA or state laws are being violated, they should file a complaint with the Justice Department of the State Attorney General's Office.


Related Questions

If the debt was discharged in bankrupcy, you are permanently barred form attempting to collect the debt.

An active collection account is a debt that a company is attempting to collect. This continues until all avenues are exhausted.

Certainly, the debt is considered an asset of the estate and must collect it.

No. In fact, they are required by law to notify you of who they are and that they are attempting to collect a debt. This is covered under the Fair Debt Collection Practices Act (FDCPA).

Yes, but the individual is not legally obligated to answer such queries. It is assumed that the agency attempting to collect a debt has obtained the needed information from the original creditor.

Collection agencies and attorney acting as collectors are subject to the Fair Debt Collection Practices Act. You can print yourself a copy by following links at You may also have additional state laws and requirements which offer protection. "Harassment" is a subjective term. Your husbands' disability is not at issue. It is always a good idea to know and enforce your rights. But there is nothing inherently wrong with a collector attempting to collect an unpaid debt. Your inability to pay does not alleviate liability for unpaid debts, nor does it equal harassment during attempts to collect.

When a business has debt to collect, it is listed as accounts receivable on their books. This is considered as asset. When it becomes clear that the business cannot collect the debt, it must be written off as bad debt. This is done to remove it from the AR listing.

It is possible that your loan has already been sold to a third-party collection agency which may be attempting to collect the debt on its own - and actually have no knowledge of the loan modification you are attempting to work out with the lender. Notify the lender and perhaps they can recall your account from collections and end the harassment.

Yes, any and all expenses that the lender incurs can be passed to the customer when they are attempting to collect a debt.

That depends a lot on what state you live in. I suggest you start there. Laws vary greatly between states as to what a debt collector can and can not do in attempting to collect a debt.

Non business bad debt deduction for what? if anything, the IRS will try to collect tax on it, considered as income

To avoid debt's collector harassment, it is important to settle your debts in time.

A business can collect debt by getting a collection agency to collect the debt. A business could also take it up in court or by putting a lien on the debtor's property.

can a debt collector come to your house to collect a debt

If you are attempting to a pay a debt, a person can still take you to court under certain conditions. As long as you are attempting to make payments, most creditors will work with you.

I am not for sure, but I always thought that if you have not heard from, or had no contact or attempts whatsoever to collect this debt in a 10 year time span, then that debt would be considered obsolete. Maybe someone can clarify this?

No, a debt collection company purchases a debt from a creditor. They can try to collect on that debt but may not charge interest on it as they have no contract with you outlining interest charges. If a company is attempting to do that, cite the Fair Debt Collection Practices Act, a federal law, and complain to the Federal trade Commission, which oversees debt collection practices.

By proving that you have been harassed.

You can contact your state's attorney general or The Federal Trade Commission if you are receiving harassment from a debt collector. You can also contact the Consumer Financial Protection Bureau.

yes..... a doctor can collect a debt for more than 2 years

You must pay all of your legitimate debts. A creditor is not required to report a debt to a credit bureau in order to collect the debt you owe.

Yes, they can. Under the Fair Debt Collection Practices Act, the creditor can call family members or neighbors in an attempt to collect a debt.

Validation must include the following: ~Proof that they own the debt legally or have been legally authorized to collect it from you. ~A complete payment history documented from your original creditor. ~A copy of the original loan contract that you signed with your creditor. So no you did not get validation of debt. Send the collection agency a letter telling them that you still dispute the debt because they still have not proved the debt is yours, and unless they can provide valid proof by means of signed contract, then they must remove the debt from your credit report and stop attempting to collect.

They can collect whatever you let them collect. Its called intimidation and if they are successful and you pay, then it doesn't matter does it....

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