Know Your Rights When Dealing With Collection Agencies

More than a few collection agencies engage in illegal practices when attempting to collect debts. Low-income and non-English speaking debtors are among those most often taken advantage of. Some collectors send fake legal papers and visit debtors pretending to be sheriffs. The collectors tell debtors to pay immediately or threaten to take personal property. Other collectors use vulgarity and profanity to intimidate debtors. Another favorite tactic is to harass the debtor's parents or adult children.

None of these behaviors are allowable under the Fair Debt Collections Practices Act (FDCPA) and you have the right to sue the agency and possibly even the creditor in this circumstance. Such actions give you grounds for a lawsuit, especially if they have been repeated and you have at least one witness. You could even receive punitive damages if the abuse you suffered was particularly bad.

If a collection agent violates the law in any way shape or form, you need to complain loud and clear to the proper authorities. Standing up for your rights in such a situation could result in having your whole debt canceled in exchange for dropping the matter.

There are three avenues in which to pursue a complaint about harassment or otherwise outrageous conduct on the part of collection agencies. They include the original creditor, the Federal Trade Commission, and your state Consumer Protection Agency. Your original creditor might be particularly disturbed to know about unreasonable actions taken in their name, as they can be liable. The FTC and the Consumer Protection Agency are the federal and state governing bodies in these cases.

Start with a simple letter to your creditor clearly stating the violations of the collector. In it, let them know you would be willing to fore-go further actions, including potential legal remedies, in exchange for the forgiveness of your debt and removal of all related negative entries on your credit report. This might be all the action you need to take. Most creditors don't want to risk the embarrassment and potential damage to their reputation if a case goes to court.

If you have been the victim of an overzealous collection agency, you are protected under the law. You need to document repeated violations and preferably have a witness. Sometimes just making a creditor formally aware (in writing) of the abuse, may lead to speedy resolution of your debt as the creditor seeks to make the matter go away.