Debt and Bankruptcy
Debt Collection
Maryland

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.

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