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What is considered harassment when attempting to collect a debt?
Wiki User
∙ 18y ago
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.
Wiki User
∙ 18y ago
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What is considered an active a collection account?
An active collection account is a debt that a company is attempting to collect. This continues until all avenues are exhausted.
How do you collect a Civil Court judgment if the defendant declared bankruptcy?
If the debt was discharged in bankrupcy, you are permanently barred form attempting to collect the debt.
Can an estate collect a debit?
Certainly, the debt is considered an asset of the estate and must collect it.
Can a collection agency lie about who they are?
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).
How do you deal with a collector or lawyer who continues to harass your disabled husband for a debt he cannot repay?
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 www.ftc.gov 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.
How can you avoid debt collector's harassment?
To avoid debt's collector harassment, it is important to settle your debts in time.
Do debt collectors have the right to request employer information?
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.
If the account being reviewed for loan modification due to hardship ollection department still call you daily about past due amount?
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.
Why does a business written off debt as bad?
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.
Can a landlord come to your job to collect past due rent?
Not in the United States. This is a clear violation of the Federal Fair Debt Collection Act.
Can a collection agency charge you their attorney fees in a garnishment?
Yes, any and all expenses that the lender incurs can be passed to the customer when they are attempting to collect a debt.
Leaving detailed messages on the debtors answering machine is that illegal?
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.
