You do not need to file bankruptcy to have collection agencies stop harassing you over past due bills. Federal law provides for consumer protection against certain practices of collection agencies. The Fair Debt Collections Practices Act (FDCPA) governs the methods that a collection agency can use to collect debts. The FDCPA applies when a company uses a third-party to allegedly owed past-due debts. So, this statute may not apply if a company is using an in house collection agency. By filing an FDCPA complaint, and prevailing, you may be able to receive money from the collection agency.
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The FDCPA basically prohibits, a collector, from doing the following:
A collector can not call you before 8:00 A.M or after 9 P.M. If he calls you during those time periods it is considered to be harassment. A debt collector can not call you at your place of work. If you are called at your place of employment promptly notify them that you do not want to be contacted at work. A collector is unable to use harassment to collect debts. This is common sense. However, collection agencies have historically committed acts of egregious abuse against debtors. A collector can not tell that you have committed a crime or that you could go to jail if you do not pay the debt. The debtor's prison had been abolished years ago. A collector can not use unfair tricks to get you to pay a debt. For example, a debtor cant tell that you owe money on a debt when the statute of limitations, on that debt, has expired. A collector cannot conceal his or her identity on the phone. A collector has to be upfront and tell you that they are collecting a debt. A collector must honor all requests for them to cease and desist contacting you about the debt that you allegedly owe. However, a collector could still sue you for the money owed. A collection agency can not attempt to shame; so, you will pay your debts. You owing money is between you and the collection agency. It is not public record.
These are just a few of the major provisions of the FDCPA. If a collation agency violates the FDCPA, and you file an FDCPA complaint, you can get monetary damages.. Also, FDCPA is a strict liability law. What this means is that if that the collection agency does not have to knowingly violate the law to violate the law. So, if you are being harassed it would behoove you to consult a local attorney or if you are low income contact a local legal aid firm in your area.
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