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The Fair Debt Collection Practices Act (FDCPA) came into practice to regulate the methods used by debt collectors in collecting debt. According to the FDCPA, a debt collector is someone who collects debts on a regular basis. This includes collection agencies, lawyers who collect debts on a regular basis and companies that buy criminal debts and then try to collect them. A debt collector can call during day time on a number agreed by you, and only request for payment. He cannot demand or disturb you in any form. The FDCPA protects you from debt collector harassment.
A debt collector cannot harass you by calling you any time of day and night. He cannot call you at your workplace. He cannot shout or abuse you to pay the debt. If you have asked him orally or in writing not to call you, he has to stop. If you are represented by an attorney he must contact only the attorney. By calling you even after your engaging an attorney, debt collector violates the FDCPA. You can sue the debt collector for this violation. The debt collector cannot intimidate you with dire consequences like threatening to garnish your wages,[link widoczny dla zalogowanych], or get you arrested. These violations are strictly punishable by law.
How can you avoid debt collector's harassment?
Creditors engage debt collectors when they cannot recover payment from you. These collectors are third party agents who do not have any direct involvement with the debt. They are enthusiastic about collecting either the amount due or more from you. Hence the harassment begins.
If you fall short on payments, it is better to stay ahead of debt collectors by calling creditors and explaining your predicament. Creditors often understand your commitment if you call and expalin. However, do not commit what you cannot pay. Just make an agreement to pay regularly what fits into your budget. If you can pay more at a later point, it would be welcome.
Debt management consultants can be contacted to act as a go between you and the creditors. These consultants are experts in persuading and may convince your creditors to accept smaller monthly payments from you. This should ensure you a safe and smooth payment plan instead of the harassment.
You have a right in the FDCPA for a fair debt collection even if you owe a debt. You can request the debt collectors for a validation of debt. If they do validate you can further request to stop calling by sending a cease and desist letter to them.
If the debt collectors violate the fair debt collections as laid by the FDCPA, you may consult an FDCPA attorney and sue the collectors.