Handling any form of harassment related to debt collections is something which you should know. You can’t expect untoward circumstances. There are times when the situation is unfavorable and the time is rough. But when your due balance remains unpaid for a period of time, it does not mean that the debt collector has all the rights on Earth to abuse and harass you. Hence, you have to know how to properly handle unfavorable situations like a phone call harassment.
Let’s define and expound call harassment first!
For you to understand the entire context, let’s expound first the essence of call harassment. What does it really mean by this? Ideally, any form of unsolicited phone calls in an abusive context on the part of the caller is a form of phone call harassment. If there is an unfriendly and rude manner of the caller, then for sure you’re harassed. If there is a sort of threat whatsoever, then it falls under this context.
On the matter of debt collection, when you’re being called up over the phone several times a day, it’s a form of harassment. You also have to know that if the debt collector is calling your friends or relatives, it’s another ground of harassment under this legal framework. Any act of public humiliation for the reason of compelling you to pay your due debt balance is another categorical aspect of harassment.
Does it mean if you’re experiencing any of these things you have the right to sue the harassing debt collector? The general answer to this question is yes. But you need a legal expert, an attorney whose expertise is about protecting consumers from any form of debt-related call harassment. This legal expert would be helping you with the entire process. Of course, the lawyer has to assess the weight and substance of your complaint.
To make sure that you’re gonna be in the right position in handling unfavorable debt situations that include phone call harassment, you need to know some certain things. This is the succeeding context of this blog post.
You have to know about Fair Debt Collection Practices Act of 1977.
The Fair Debt Collection Practices Act (FDCPA) is a law enacted to protect both creditors and debtors. It is a wrong notion if you think that only the creditor does have the right after the mutual agreement between them and the debtor is signed and legally binded. Such an Act is a form of legal framework on what things the creditors and debtors can and can’t do. This is a paradigm from which the act of collecting debts is being regulated.
There is no way that the creditor is allowed by this federal law to threaten you as the debtor. Of course, you should not be threatened and abused verbally despite the fact that you’re not able to pay your debt on time. There must be a proper decorum as to the aspect of collection. And once the credit collector is going beyond this practice, FDCPA implies that you have the right to defend and protect yourself. Therefore, it is a wise thing to know how you can handle things like this. Obscene, profane, and abusive language is strictly prohibited by law.
Be wise enough by taking down notes related to the manner of collection.
Everything you take during the phone conversation with the debt collector must be taken down in a piece of paper. Why is it so? It is necessary to take down notes because the attorney who will be helping you legally can use it to substantiate your case if you decide to file a lawsuit. Even the call through a voicemail should be taken down. Record the date and time when the phone call is made. And if possible, be clear with the details during the conversation, or the exact message sent via voicemail.
As a debtor, you have to be vigilant. That is why it is recommended by legal experts to know the things you can use legally in the context of phone call harassment complaints. You have the right to sue the credit collector and the credit firm itself if your right is violated in the form of voicemail or phone call abuses. Part of the things you have to list down should be the name of the caller, the exact name of the credit firm that the debt collector is working with, their complete address, as well as the amount they’re trying to collect from you. By doing this, you can have a more substantiated call harassment complaint.
The debt collector must verify and validate their collection.
You should not be paying any amount to an alleged debt if the collected fee is not validated. This is the responsibility of the debt collector to provide validating and verifying documents to your end. This is to make the collection justifiable. And sometimes, debt collectors have bogus activities like collecting old debts that are beyond the so-called statute of limitations. Usually, the debt collector will be trying to negotiate with you about old debts. And if you’re somehow hesitant about the negotiation, they will threaten you like they would say, “The credit firm will file a case against you if you won’t pay this!” This is beyond what the law says about debt collection.
The statute of limitations has given a certain time to the credit company to file a case to anybody who is indebted to them. If it goes beyond the timeframe, then a legal suit is not allowed by the law. In this case, the practice of that debt collector can be considered as a debt collection scam. So, to make sure that you’re on the right track, you have to consult an expert legal mind who will be providing you with clear emphasis on what you can do when you’re being harassed, abused, and threatened by a debt collector on the aspect of collecting old debts.
You must not be afraid to stand up for your right. Yes, a debt must be paid because the law says that when you have a debt, you need to pay it. Otherwise, the creditor can file a case against you. But there is a proper practice that has to be followed as to this matter. If the fair credit collection practice is transgressed, then you have the right to protect yourself legally.
For more details about collection call harassment, you can contact Paul Mankin today!