What is a Debt Collection?

A debt collection is a type of financial account that's been sent to a third-party debt collector. Debt collectors are companies who collect your unpaid debts. The original company with which you created the debt most likely sent the account to the collection agency after you missed several payments and it was unable to get you to pay.

Creditors are entitled to loan repayment, but are forbidden by law to use improper harassment or deceptive methods as they attempt to collect debt, no matter how much is owed. However, many debt collectors often take abusive, illegal action when attempting to collect money.

This harassment may include:

• Physical threats
• Phone harassment through repeated calling or calling at inappropriate times of day
• Using obscene language
• Threatening damage to the consumer’s property or reputation
• Threatening to take legal action such as suing without the intention of following through
• Misrepresenting the amount owed especially in regard to the amount of interest or penalties owed
• Communicating with the consumer at their place of employment
• Publishing the debtor’s name on a list of debtors
• Failing to disclose his or her identity or failing to inform the debtor that they are attempting to collect a debt in order to coerce information out of them.

Laws Governing Debt Collection Harassment

Because the Fair Debt Collections Practices Act (FDCPA) requires that debt collectors contact consumers with sincerity and respect, if any of the above actions have been taken, a consumer has the right to sue the debt collection agency. The consumer must file within a year from the time when the harassment occurred.

To ensure maximum protection and reimbursement, consumers should keep records of all contact they have with debt collection agencies, including documents sent in the mail or online and phone call information, such as times of calls and names of the people contacting them. In court, a judge is then able to award compensation for any damages, lost wages, or medical bills if the consumer wins the case. In the event of a successful law case, the court or debt collector may also pay the attorney’s fees.

HOW WE CAN HELP

Most likely, your intent was to repay the credit loan within a reasonable period of time. Sometimes life gets in the way, and you could find yourself as the target of aggressive action by lenders or other collection agencies. If this is the case, or if you are being sued due to mistaken identity for debts that are not your responsibility, our partners (attorneys) are able to help. Our partners may be able to stop the collection process or negotiate other settlements.