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Debt collection harassment lawConsumer right commissions may shout from the roof-top and ask consumers to beware of their right as consumer but their voice only falls dead on deaf ears. Are we negating their voices, as we take the harassments for debt collection that in one form or other we receive at the hands of the lenders, as acceptable and gulp them down with a tang of embarrassment• We think that the lenders have every right to harass us as we are their debtors. Then to wake you up from your reverie, you as a consumer even if you have defaulted paying a due, have certain legal rights which leave the baton on your hand. How• We will tell you in few paragraphs here so that you become aware of your rights as a debtor and could raise your voice if you are harassed by your creditors or maltreated by them.
Your rescuer is called The Fair Debt Collection Practice Act and it is a federal law. This act applies to those Debt Collection companies which are hired by the lenders . This law per se does not govern the activities of the creditors but applies to an agency which is hired by the creditor. These debt collectors on behalf of their client practice use of threats and obscene language to harass debtors to pay back the debt. This federal law allows the debtor to approach the court if there is violation to any term of the law by these debt collectors . Some pointer of law which an aware citizen should be conscious off are jotted down. If you find anything that you have faced or your relatives or friends have faced, file the case against the violators and the law will take the valid justice on tracks.
When can you be contacted: if you are getting the unwanted debt collection calls at inappropriate time, you should give it back to the debt collector• The debt collection agency could only call you between the normal hours that is between 8 :00 am and 9:00 pm. They can not call you beyond this time limit and especially if you ask them not to. Although they can call you at your office but if your employee disapproves this, you can straightway tell them that and avoid them. If you do not want them to disturb you at specific places they should not call you at that place .
They can Contact your acquaintances: They can call people, but could only gather the general information about you. Like your address and your work, but they are not allowed to disrepute you by telling them about your debt. If they do so they have violated the terms of law and thus are very much eligible to be sued by you. If you have appointed an attorney to act on your behalf for your debts, in no case you can be contacted by the debt collector. Your attorney is the person they should contact for anything.
You can ask them to stop contacting you: you can request the debt collector not to contact you and can send a written request to them .Remember to keep a copy of it with yourself too .They are allowed to phone call you and tell you only when they have planned to take any action against you regarding the debt.
Debt collectors duty: As a debt collector when a debt collector wants to contact you for letting you know about the debt you owe, he should call you and within five day send you a written notice, which should consist all the details such as the creditor who has hired him, the debt that is due and other nuisances of the debt . If you find out that any of the information is untrue you should take apt action regarding the debt.
You can dispute a debt: if you find out that you are being harassed for a debt you actually do not owe, you can ask the debt collector to verify the debt. They could not contact you until and unless they do not identify the verifiability of the debt.
The debt collector could not do these things under the act:
What you can do as debtor: Under the federal law The Fair Debt Collection Practice Act, you have the right to sue the debt collector in state and federal court within one year from violation of any thing that is prohibited according to the law . On winning the case you can recover damages for your loss, court costs and attorneys fees. One thing that has to be very sure in your mind that you can sue them only within one year of violation otherwise the law does not hold good and youll loss the whole battle. To prove your claim it is imperative for you to keep every peace of written communication between you and debt collector safe. These papers will keep your claim in strong standing. If your claim is regarding the use of foul language, write down the summary of exact words they use, these days you can make use of mobile call recorder on your mobile phone also.
You have taken a debt and you have every intention to pay it back as soon as possible, the debt collector agencies could only request you to pay your default but they could not make use of foul language or unlawful actions to disrepute you or harm you mentally or physically . Read and reread the law carefully and do not let any creditor or the debt collector snatch your peace of mind away from you.
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