Freedom Debt Relief Advice On Debt Collections

By Sean A. Kelly

Harassment by debt collection agencies might have become more common in the recent times. With the economic recession and many people being unable to keep up with their debt payments many credit accounts which might have been delinquent and moved to the default list by the creditors would have been sold for very little money to collection agencies. One of my co-workers Christina Gonzalez was really harassed by one of the debt collection agencies. Fed up with the collection agency, Christina approached Freedom Debt Relief (FDR). The fact is that Christina is a very prudent person who believed in living within one’s means and in avoiding credit if it can be. She uses a secured card in case of emergencies pertaining to health requirements of her family and paying the balance with savings.

The day she received a letter from a collection agency informing her of an unpaid debt by Christian Gonzalez to the tune of $1000, was like a strike of lightning from the blue. Upon enquiring, she realized that her father Christian had run credit card debts to the tune of $1000 by the time of his death three years ago. Apart from the debt collection letter, Christina started getting harassing and threatening calls for the payment of debt. In spite of patiently trying to explain the facts to the debt collectors, the calls did not stop rather, they only increased. The calls were made at ungodly hours and also at Christina’s and her boyfriend Mark’s work place as well. Upon listening to her story, FDR advised her to approach the Better Business Bureau to lodge a complaint against the debt collector and explained that since the actual debt was incurred by a person who has since deceased, it would be in no position to help in settlement of the debt. FDR however guided Christina as to the course of action she might take so that she no longer would be harassed by the debt collectors.

When one might be harassed by calls from debt collectors, it might be helpful to be aware that the debt collection calls actually have limits and cannot be made before 8 AM and after 9PM or at one’s place of work, in case they have been told not to do so. As per the advisory issued by the Federal Trade Commission; after speaking to a debt collector, even if one might not be in debt, it might be best not to ignore the call and to send a certified letter with a return receipt advising the collection agency to stop the calls. This would prevent the collector from contacting unless under circumstances such as filing a law suit.

In case the debt collector contacts others they may not discuss one’s debts with the others except the debtor or the debtor’s spouse or lawyer. Debt collectors cannot make harassing phone calls or abuse the debtor including using of obscenities or threats or repeated calls. After contacting the debtor, the collector would have to notify the debtor in question in writing within five days with a statement of the debt owed and means to object the same if one would want to dispute the mentioned debt. Interest that may be charged on the debt should not exceed that permitted by the state law.

Misrepresentation of who the debt collectors might be, what is actually owed or that owing money would be treated as an act of crime is forbidden under the federal law. Any debt collector suggesting the same may be sued. One might be subject to garnishment in case of being sued and the court can order the action in case the debtor loses the case. One would be able to recover up to $1000 in addition to attorney fees and court costs in case a debt collector violates the Federal Debt Collection Practices Act by suing the debt collector for damages suffered both by their acts or for simply their violation of the rule. It might be helpful to contact the state attorney general and the FTC in case one would want to lodge complaints against a debt collector. Being aware of one’s rights in the face of debt collection call harassments would help in taking the bull by its horns.

About the Author:

Freedom Debt Relief

Source:

isnare.com

Permanent Link:

isnare.com/?aid=728041&ca=Finances