What Debt Collectors Can And Can't Do (2024)

FAQs

What Debt Collectors Can And Can't Do? ›

The FDCPA limits what debt collectors can do when attempting to collect debt. Call you before 8 a.m. or after 9 p.m. or call you at work if you've communicated you can't be called there. Yell, swear or use other harassing language. Threaten you with anything outside of what they can legally enforce.

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take.

Even if you owe money, debt collectors aren't allowed to threaten, harass, or publicly shame you. You have the right to order a debt collector to stop contacting you, and they must comply. If there's a mistake, and you really don't owe the debt, you can take steps to remedy the error.

Under the FDCPA, any communication from a debt collector is required to disclose their identity. This means they must state their name, the name of the collection company and their phone number. Additionally, they must state that the communication is being done to collect a debt.

Don't provide personal or sensitive financial information

Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

In order to win a court case, a debt collector must prove that they have proper ownership of the debt, that you actually owe the debt, and that the amount they claim you owe is correct.

Can I record a phone call with a debt collector? ›

The best evidence of harassment, of course, would be a recording of the phone calls you are getting from the debt collector. However, as we've just learned, you cannot do this in California unless you get permission first.

FDCPA Limitations on Voicemails

But the voicemail must be a "limited-content message." A debt collector who leaves a limited-content message doesn't violate the FDCPA's prohibition against third-party communications.

You have the right to send what's referred to as a “drop dead letter. '' It's a cease-and-desist motion that will prevent the collector from contacting you again about the debt. Be aware that you still owe the money, and you can be sued for the debt.

Ignoring a Debt Collector's Calls and Letters When You're Judgment Proof. If you're not employed or making very little, and you don't have any valuable assets a debt collector can take, you likely don't need to worry about repaying your debts. Debtors like you can ignore creditor calls because you're "judgment proof."

If you don't pay, the collection agency can sue you to try to collect the debt. If successful, the court may grant them the authority to garnish your wages or bank account or place a lien on your property. You can defend yourself in a debt collection lawsuit or file bankruptcy to stop collection actions.

Harassment of the debtor by the creditor – More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.

Use any false representation or deceptive means to collect or attempt to collect a debt or to obtain information about a consumer.

But what must the creditor provide by way of documentation? At a minimum, it must produce: A copy of the original written agreement between the parties, such as the loan note or credit card agreement, preferably signed by you.