Examples of Illegal Debt Collection Practices

You’ve amassed a bit of debt and now you have debt collection agencies calling you night and day to collect on some outstanding debts owed. They are calling your workplace, and they are threatening to garnish your wages if you don’t pay the bill. You’re a bit overwhelmed by their practices and are wondering if they are abiding by collection laws.

Believe it or not, not all debt collection agencies use legal practices to collect on the debt they are seeking. Some of them are down-right harassing to consumers. The Federal Trade Commission offers a wealth of information on their website about what is legal and not. Some of the information is listed below.

Illegal Debt Collection Practices

Some illegal debt collection practices include:

• Contacting you at work after you’ve told them you’re not allowed to get calls there.
• Threats of harm or violence.
• Publishing your name in a list of people who don’t pay their debts.
• Use of obscene language.
• Repeatedly using the phone to annoy someone.
• Calling before 8:00 am or after 9:00 pm.
• Making any false statements.

Fair Debt Collection Practices Act
According to MSN Money, “Under the Fair Debt Collection Practices Act, collectors are supposed to advise consumers that they have a right to dispute the debt, but that if consumers don't do so promptly -- and in writing -- the collector can assume after 30 days that the debt is valid. Once collectors are notified that they've contacted the wrong party or that the consumer denies owing the debt, the companies are supposed to provide proof of the debts' validity. If they can't supply the proof, collections are required by law to cease.

Debt Collection Defense
Of course, some debt collectors simply ignore laws designed to protect consumers. But debt experts say your chances of getting a collector to back off improve when you know your rights and assert them forcefully.” Additionally, you should speak with a debt collection attorney who specializes in financial law and consumer debt; they may be able to assist you in your situation with the debt collector. Whocanisue.com can help you find an experienced financial lawyer in your area.

Debt collection agencies can take you to court and the court can issue a judgment against you for the debt which would allow the collection agent to seek a garnishment or wage garnishment from you. Garnishment is when funds are taken from your bank accounts to satisfy the debt. Wage garnishment is when funds are taken from your paycheck prior to your receiving it to satisfy the debt owed in the garnishment.

The following partial list of government benefits is exempt from garnishment should a debt collection attorney be issued a judgment from a court regarding the debt owed:

Exempt from Garnishment

• Social Security Benefits
• Supplemental Security Income Benefits
• Veteran’s Benefits
• Civil Service and Federal Retirement and Disability Payments
• Service Members’ Pay
• Student Assistance
• Federal Emergency Management Agency Federal Disaster Assistance

Illegal Debt Collection - Collection Agency Violated Your Rights
There are some things that you can do should you feel as if the debt collection agency violated your rights with the Fair Debt Collection Practices Act in their efforts to collect the debt owing. You do have the right to sue the collector in a state or federal court, usually within one year from the incident where you felt violated. You could be awarded the damages you suffered, like lost wages, or the judge can award $1000 should you not be able to provide any losses. Additionally, your legal fees could be awarded.

For this reason, if you feel that your rights have been violated by a debt collection agency, you should contact an experienced debt collection attorney right away to determine your options and to prepare a debt collection defense. There may be others who feel the same way you do and a class action lawsuit may ensue. The debt collection attorney will be able to best advise you of the course of action to take and what your chances are for a successful trial or pre-trial settlement.

whocanisue.com can help you find an experienced debt collection attorney in your area to assist you with the complicated nuances of financial law and class action lawsuits.