Financial hardships are sometimes inevitable particularly now that the world is nearing the so-called great economic recession as triggered by the Covid-caused pandemic. Thus, as much as possible, you should know that when you’re abused by debt collectors as to your outstanding balances, you should know that you have the right to protect yourself. When we say harassment, it’s akin to abuse. When you’re abused, there is a legal framework that protects you. Consulting a debt collection harassment attorney is one of the possible options you can choose. By consulting a legal mind, of course, you’ll be enlightened on what to do the moment you will encounter such a problem.
But primarily, you have to determine if the action of the debt collection agency can be subjected to debt collection harassment. According to Paul Mankin, a legal expert, “Everyone has the right to protect himself from any abuses related to debt collection.
We’re protected by the Fair Debt Collection Practices Act (FDCPA) which is enacted by the government. FDCPA regulates all forms of debts including credit cards, mortgages, medical debts, and other types of debts.”
How to consider if the debt collection is considered as abuse or harassment?
There are grounds you need to know. Once you’re experiencing any of those grounds, then you have a big chance that you can win a case against the debt collector and the credit agency. First, when the debt collector is calling beyond the allowed hours of the day, then it is an abuse. The allowed consumer’s time zone is from 8:00 am up to 9:00 pm only. Beyond that is considered a form of harassment. Repetitive and annoying calls can also be a ground of harassment. Meaning, you should not be called up multiple times in a given day. When you already filed for bankruptcy, the debt collector should as well not call you for the purpose of collection.
Furthermore, it is also a ground if you already have a legal representation, which means when you already have an attorney to answer all calls on your behalf. Publishing your name together with your complete address in a list known as “Bad Debt List” is also not allowed by the existing law. The more that it is abused if you receive verbal abuses and threats from the debt collector.
With all the aforementioned contexts, you really have a number of rights that must be observed and are being protected by law.
Question: What to do when you’re harassed based on the grounds provided above?
You should know that you can then apply the following:
You have to know first your vested rights under the law.
Well, the grounds of debt collection harassment have already been explicated and expounded above. Any of them can be a valid ground for a lawsuit. So, you have to understand that given any possible circumstances, you can defend yourself. For instance, if the debt collector is harassing you verbally by threatening you that if you can’t pay your unpaid balance, you will be sued and jailed, this is prohibited by law. There should not be a threatening statement like this as you’re being protected by the law enacted by the federal government.
Keep your own record of the details of the debt collector’s calls.
The next thing you should then do is to keep records as to the details and information of the collection agency harassment. There is no way that your rights must be violated. Yes, you must pay your debt but it does authorize the debt collection firm to harass you through coercion and any other forms of abuse. So, every time there is a call from a collection agency, you’re entitled to the right to take down notes. You can keep a journal wherein you can put the date of the call, the name of the caller, the agency he is representing, and any other related details. By doing this, you can be assured that the legal expert can use it to your advantage the time you’ll file a complaint. In other words, there is already direct evidence that can be presented before the legal venue.
Tell the abusive debt collectors to stop calling you.
Here’s another thing. You can actually tell the debt collector who is harassing you to stop calling you, as long as the grounds are valid. How to validate the grounds? They are already provided and explained above. Any of those can be used as a basis for you to tell the debt collector like this: “Hey, will you please stop calling me for the ground that you’re already harassing me!” A line like this can somehow enlighten the mind of the caller. Be reminded that somehow the debt collector keeps on calling you up and trying to force you to pay because their income is commission-based. It means for every penny they can collect from you; they earn a little share from it. Somehow, debt collectors live through commissions, with no fixed income.
File a debt collection harassment lawsuit.
Depending on the circumstances, if you think that the abuses are already too much, then you can file a lawsuit. Where? The complaint can be filed before the Federal Trade Commission (FTC). But it is great if you will consult a lawyer first. There are legal experts who can handle things like this. Why do you need a lawyer? Of course, this is a legal matter. Your success will depend on the substance of the evidence-based on the kept records and on other possible evidentiary materials available.
Filing a complaint and winning it can be a tricky thing. But with the help of an expert, rest assured, you will be walking along the aisle of peace and tranquility. It means when you’re doing the right thing, it is highly possible to win the filed complaint. Even if the matter is subjected to settlement, it can be arranged properly through the help of a debt collection harassment lawyer.
