Posted in Article by

Harassment: Debt collectors may not harass, oppress, or abuse you or any third parties they contact.

For example, debt collectors may not:

  • use threats of violence or harm;
  • publish a list of consumers who refuse to pay their debts (except to a credit bureau);
  • use obscene or profane language;
  • repeatedly use the telephone to annoy someone.
  • False statements: Debt collectors may not use any false or misleading statements when collecting a debt.

For example, debt collectors may not:

  • falsely imply that they are attorneys or government representatives;
  • falsely imply that you have committed a crime;
  • falsely represent that they operate or work for a credit bureau;
  • misrepresent the amount of your debt;
  • indicate that papers being sent to you are legal forms when they are not;
  • indicate that papers being sent to you are not legal forms when they are.

Debt collectors also may not state that:

  • you will be arrested if you do not pay your debt;
  • they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so;
  • actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.

In addition, debt collectors may not:

  • give false credit information about you to anyone, including a credit bureau;
  • send you anything that looks like an official document from a court or government agency when it is not; use a false name.

Unfair practices: Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

  • collect any amount greater than your debt, unless your state law permits such a charge;
  • deposit a post-dated check prematurely;
  • use deception to make you accept collect calls or pay for telegrams;
  • take or threaten to take your property unless this can be done legally;
  • contact you by postcard.

About

Dr. Whenrica McAfee is a retired naval officer. He currently serves as general manage of We Legal, APC. He writes educational law articles to help residence of Southern California understand their options.

0 thoughts on “Common Abusive Tactics Employed by Debt Collectors

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>