Debt Collectors: How to Get Them Off Your Back

The Debt Collector (Photo credit: Wikipedia)

If you?ve fallen behind on debts, it probably wouldn?t surprise you to learn that there are more than a few wretchedly bad actors in the business.

Debt denizens will call at any hour,? leave nasty messages and harass you endlessly ? even if you don?t owe anything.

This happened to my father, who is in his mid-80s. He?s been scrupulously paying his debts all of his life and paid off his mortgage early. Yet that didn?t stop some brigand from bothering him.

With the Federal Trade Commission?s recent settlement against Expert Global Solutions, the world?s largest debt collector, the problem of egregious harassment won?t go away, but it does beg a review of your consumer rights. The company was fined $3.2 million by the FTC and ordered to stop abusing consumers. The agreement also covers Expert Global subsidiaries NCO Financial Systems, ALW Sourcing and Transworld Systems. The fine was the largest ever levied against a debt collector.

?We ? have worked hard over the past several years to help ensure compliance and fair treatment of consumers on all of our points of contact,? Tom Hoy, an NCO senior vice president, said in an emailed statement to Reuters.

How can you protect yourself? Your rights are pretty simple, actually, according to the Federal Fair Debt Collection Practices Act: ?Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not use threats of violence or harm;

• publish a list of names of people who refuse to pay their debts (but
  they can give this information to the credit reporting companies);
• use obscene or profane language; or
• repeatedly use the phone to annoy someone.

False statements.?Debt collectors may not lie when they are trying to collect a debt. For example, they may not: falsely claim that they are attorneys or government representatives;

• falsely claim that you have committed a crime;
• falsely represent that they operate or work for a credit reporting company;
• misrepresent the amount you owe;
• indicate that papers they send you are legal forms if they aren?t; or
• indicate that papers they send to you aren?t legal forms if they are.

Debt collectors also are prohibited from saying that: you will be arrested if you don?t pay your debt;

• they?ll seize, garnish, attach, or sell your property or wages
  unless they are permitted by law to take the action and intend to do so;
  or
• legal action will be taken against you, if doing so would be illegal or if they don?t intend to take the action.

Debt collectors may not: give false credit information about you to anyone, including a credit reporting company;

• send you anything that looks like an official document from a court or government agency if it isn?t; or
• use a false company name.

Unfair practices.?Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not: try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt ? or deposit a post-dated check early;

• take or threaten to take your property unless it can be done legally; or
• contact you by postcard.?

Basically, debt collectors can?t berate you for a past-due bill. You have a right to dispute their claims ? in writing. Calling you at odd hours or at work isn?t permitted, either. If you have problem, contact the FTC or state attorney general?s office. Being in debt needn?t be a denigrating experience. We?re not living in Dickensian England. People deserve dignity.

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Source: http://www.forbes.com/sites/johnwasik/2013/07/10/debt-collectors-how-to-get-them-off-your-back/

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