
- Home
- | Fight Debt Collectors
- | Illegal Debt Collector Tactics And Your Rights
Illegal Debt Collector Tactics and Your Rights
The Fair Debt Collection Practices Act gives you specific legal protections!
You can sue debt collectors who unlawfully threaten, harass and
verbally abuse you!
If a debt collector is calling too early or too late during the day, speaking falsely about the debt itself to others or misrepresenting their intentions, you could be entitled to monetary damages under the Fair Debt Collection Practices Act! Additionally, there are other illegal "dunning" methods that debt collectors use that are considered a violation, entitling you to money or "damages" under Fair Debt Law. The list below includes just some of the false statements that a collector may use in their collection efforts that are unlawful and could entitle you to a cash settlement as a violation of the FDCPA. Contact a Fair Debt Lawyer by filling out the form if a debt collector has used any of these tactics against you!
- Calling you each and every day, one or more times, until the debt is paid;
- Calling you or engaging you in telephone conversations repeatedly or continuously that are annoying, abusive, or harassing;
- Contacting neighbors, friends, coworkers or other third parties about the debt;
- Contacting your employer about the debt and divulging specific information about the debt itself;
- Using threats of violence or other criminal means to harm you, your reputation or your property;
- Calling you without making meaningful disclosure of their identity;
- Threatening to put the debt on your credit report.
- Representing or implying orally or in writing, that he or she is affiliated with the United States or any State;
- Misrepresenting the character, amount, or legal status of any debt(eg lien, garnishment, etc);
- Falsely representing or implying that he is an attorney or that any communication is from an attorney.
- Representing that nonpayment of any debt will result in arrest, imprisonment or the seizure, garnishment, attachment, or sale of any property or wages.
- Threatening to take any action that cannot legally be taken, or, that is not intended to be taken.
- Representing or implying that the consumer committed any crime or other conduct in order to disgrace the consumer.
- Communicated or threatened to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed
- Threatening to garnish or attach your wages or property when it is illegal or not intended-whether or not your wages can be garnished and the amount or percentage are specifically covered in Federal Wage Garnishment Law or your State's Wage Garnishment Laws.
- Threatening to throw you in jail;
- Selling the debt to another company for the purposes of continuing collection on a debt that is considered to be outside of the statute of limitations or time barred;
- Threatening any kind of legal action where that action is not actually intended, or threatening with humiliation; embarrassment, degradation or coercion, in order to secure payment from a debtor.
- Contacting the Department of Homeland Security to apprise them of your alien status if you are an immigrant;
- Threatening or invoking eviction, by an agent for a landlord; lockout, or seize personal property where such relief is limited by state law;
- Deceptively misrepresenting that the collection agency has many employees or a dedicated investigations staff attempting to collect the debt, where this is not true;
- Threatening or misleading a debtor by claiming they will be transferred to an attorney or separate legal department of a collection agency where no such department exists.
- Sending letters, misrepresenting that the account has been transferred to an attorney and may include an attorney's letterhead with threats of legal action
- Attempting to collect or file a suit for attorney's fees or collection costs and or other interest, including questionable “late fees”, not pre-agreed to in excess of that allowed by statute, unless the original agreement provides for the amount the collector is attempting to collect. For instance, the collector cannot threaten to add attorney's fees or his fees where it is not specified in the agreement you signed with the creditor.
- Adding additional charges including attorney's fees and collection costs and demanding payment in full for these as well without disclosing that they are not part of the original debt.
- A Debt Collector is not permitted to give legal advice unless the collector is an attorney himself, this includes correspondence with a debtor claiming that he or she is recommending litigation or advising a creditor to sue
- An attorney cannot sue you in a state that is not your home state under the FDCPA.
- It is a violation of the FDCPA to threaten to sue if no such action is intended, this is considered an empty threat. If the collector used an “if you don't pay by this date”, then ___ may happen” scenario, this could still be considered a violation of Fair Debt Law
- Legal letters that are NOT reviewed by a lawyer constitute an FDCPA violation. It is a violation for such a letter to be sent unless the lawyer has reviewed it, thus you may have a claim under the FDCPA if the letter was not reviewed and you can indeed prove this.