Debtor Defense Expanded

 

DEBT COLLECTORS CAN'T HARASS OR ABUSE YOU

  • Use threats of violence or harm

  • Use obscene or profane language

  • Repeatedly use the phone to annoy someone

  • Call outside of the hours of 8:00 a.m. to 9:00 p.m. local time.

DEBT COLLECTORS HAVE TO BE HONEST

  • Cannot falsely claim that they are attorneys or government representatives

  • Cannot falsely claim that you have committed a crime

  • Cannot falsely represent that they operate or work for a credit reporting company

  • Cannot falsely represent that you owe a debt that you don't

  • Cannot misrepresent the amount you owe

  • Cannot indicate that papers they send you are legal forms if they aren’t

  • Cannot indicate that papers they send to you aren’t legal forms if they are

DEBT COLLECTORS CANT MAKE FALSE THREATS

  • You will be arrested if you don’t pay your debt

  • They’ll seize, garnish, attach, or sell your property or wages if they have no legal right or don't intend to do so

  • Legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action

  • Take or threaten to take your property unless it can be done legally

DEBT COLLECTORS MUST BE FAIR

  • Cannot try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt (or your state law) allows the charge

  • Cannot deposit a post-dated check early

  • Cannot contact you by postcard

  • Cannot send you anything that looks like an official document from a court or government agency if it isn’t

  • Cannot use a false company name

LAWS RESTRICT WHO DEBT COLLECTORS CAN TALK TO

  • The debt collector may not discuss your debt with anyone other than you, your spouse, or your attorney, except to find out your address, your home phone number, and where you work

  • If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you

  • If a collector knows you may not receive calls at work, the collector may not call you at work

Still have questions about debtor defense? Contact us for a free consultation!

 
Constance Gadell-Newton