Debt collectors often become increasingly aggressive toward those who have fallen behind on their payments. The more time passes and the higher the overall value of a debt, the greater the likelihood of aggressive collection efforts.
Eventually, attempts to collect on a debt can cross a line and become abusive and even illegal. The following are the rights of individuals who owe money and have experienced increasingly aggressive attempts to collect on a debt.
The right to avoid abuse
Federal law restricts the way that collection professionals behave. They should not engage in outright abusive conduct toward the people who owe money. For example, they should not threaten an individual with either retaliatory legal action or physical harm. They also shouldn’t use overtly abusive language, like insults and curse words, in an attempt to berate and humiliate the person who owes money.
The right to limit communication attempts
Depending on whether the party calling has a direct business relationship with the debtor or is a third-party collection agency, there may be different rules that apply to how frequently collectors can call. However, the law is very clear in all cases that debt collection activity should not occur unreasonably early in the morning or particularly late at night. Calls should cease at 9:00 p.m. and should not resume until 8 a.m. Additionally, debtors should not have to worry about repeated calls at their place of employment if their employer does not permit personal calls while on the job.
In cases where people work second or third-shift jobs, even daytime collection calls could feel disruptive and abusive. Debtors can inform collection agents of their unusual schedules and ask them to stop calling during times when they typically sleep.
The right to validate the debt
One of the most important protections for those facing collection activity is the right to validate the debt before the collection agency reports it to the credit bureaus or takes legal action. Some collection companies may purchase debt that is too old to legally collect on or even debts that people may have already paid. The right to receive detailed information about the origins of the debt can be of the utmost importance for those trying to properly handle collection activity.
When collection professionals engage in abusive or inappropriate behavior, those who allegedly owe money may be able to take legal action. Documenting the misconduct of collection agents and discussing the matter with a skilled legal team can help debtors explore their options when responding to abusive debt collection efforts.
