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Bankruptcy: 10 Things a Debt Collector CANNOT Do
Topic: Bankruptcy, Debt Collection
Posted: April 6, 2010
Debt collectors are getting very aggressive in this economy. If you’ve had some nasty phone calls and threats from your creditors, you need to know what they can and cannot do. A federal law called the Fair Debt Collection Practices Act, 15 U.S. Code 1692, does not allow debt collectors to do any of the following things.
- Debt collectors cannot take money out of (“garnish”) your bank account or pay check without either your permission or a judgment. Don’t give them permission – make them get a judgment! In order for them to get a judgment, they have to file paperwork in court and have you served with it. Then there has to be a hearing and a judgment entered. After that, they have to send a Writ of Garnishment to your employer or bank. Remember, they also have to know where you work or bank to do this. So if a debt collector is telling you that they are going to garnish your bank account or paycheck tomorrow, they are LYING and are violating the law. FDCPA 1692e(4)
- Credit card debt collectors cannot come and take your property (house or car) without a judgment. They have to follow the same process as above. They cannot take your property if you still have a mortgage or loan on it. It is illegal for them to threaten to do this. FDCPA 1692e(4), 1692e(5) & 1692f(6). But, if it is your car loan that you are not paying, then the car loan company can come and take your car without any notice to you. If it is your mortgage you are not paying, the mortgage company has to follow the foreclosure process that requires that you get notice before they foreclose on your house.
- Debt collectors cannot send you papers that look like court documents or judgments when they are not. FDCPA 1692e(9) & 1692e(13).
- Debt collectors cannot continue to call you after you tell them you have hired an attorney and give them the attorney’s name, phone number and address, unless the attorney does not respond to them. FDCPA 1692c(a)(2)
- Debt collectors cannot put you in jail for your debt. They are also not allowed to tell you that they can put you in jail for your debt or that you have committed a crime. If they tell you this, THEY are the ones guilty of a crime. FDCPA 1692e (4) & (7).
- Debt collectors cannot contact your relatives and friends and tell them that you are a deadbeat or that you owe them money.FDCPA 1692b(2) & FDCPA 1692c (b). They also cannot tell these people that they are responsible for paying your debt. Only co-signers take on this responsibility.
- Debt collectors cannot continue to call you at work after you tell them you are unable to take these phone calls. FDCPA 1692c(a)(3)
- Debt collectors cannot call your employer to tell your employer about the debt. FDCPA 1692b(2) & FDCPA 1692c (b)
- Debt collectors cannot threaten to use violence to hurt you, your reputation, or your property. FDCPA 1692d (1).
- Debt collectors cannot use obscene or profane language or language that will abuse the hearer or reader. FDCPA 1692d (2).
If you have been contacted by a debt collector who is doing any of these things, contact an attorney about your rights.