If you are struggling to pay your bills, you may be experiencing an endless amount of collection calls from creditors. While creditors are allowed to call you to try and collect the debt owed to them, creditor harassment is not allowed by the Fair Debt Collection Practices Act (FDCPA). You may be wondering how can debt collection proceed if they can’t harass me? what laws must a creditor obey?
Knowing what to do if you have debt collectors calling you, can help you prepare for bankruptcy filings, lawsuits, etc. It is important to find out as much as you can so t
hat you are ready if debt collectors start to harass you. This way you are better prepared to fight your rights and hold creditors responsible for their unlawful practices.
1. How Can Debt Collectors Contact You
If you are struggling to pay your bills, then you probably know that debt collectors can call, send letters, emails, texts, and phone calls to try and collect on past debts.
2. What Are Debt Collectors Not Allowed to Do
Following FDCPA procedures, creditors are not allowed to use abusive, deceptive, or unfair practices to collect monies that are owed. Many creditors disobey this and find themselves paying back huge fines. Creditors can not call you before 8 a.m. or after 9 p.m. They can also not curse at you, threaten you with violence, or any other illegal conduct.
3. How Many Times Can a Debt Collector Call Me?
There is no limit on how many times a debt collector can call to collect on a debt You will need to show that the debt collectors were harassing you in some way. You will need to show that these calls intended to annoy you.
4. Can a Creditor Contact My Friends and Family
Yes, Creditors are allowed to contact your friends and family. Debt collectors can also contact your employer. Keep in mind, this is legal as long as the court granted permission for such, the creditor is trying to locate your whereabouts, the creditor is contacting your employer to find out whether you work. Creditors often try to find out where you work so they can garnish wages. Keep in mind that a debt collector can contact your spouse at any time.
5. What If a Debt Collector Wants Me to Pay Money I Don’t Owe?
If a debt collector wants you to pay money that you don’t owe then the collector will need to legally prove that the debt is yours and you are legally obligated to pay the debt. There are certain steps you can take in this scenario. The first step is sending a letter to the creditor asking them to verify the debt is yours. They can then show you the contract where you signed or a bill showing that the debt is legally yours.
6. Can A Debt Collector Take Money Out Of My Paycheck
The simple answer to this is yes. Creditors can take money out of your paycheck for past debts that you owe and have not paid. This is called a wage garnishment. Creditors will enforce a wage garnishment after they have taken you to court and were awarded a judgment against you. Aside from being able to garnish your wages, creditors can also pursue bank levies to try and recoup the money that you owe them
7. Can I Ignore a Lawsuit From A Creditor?
No. You should never ignore these lawsuits. When a creditors or debt collection agency sues you, the worst thing you can do is ignore the lawsuit. Filing an answer to the summons is very important even if you don’t think the debt is yours.
You may have arguments that can be brought against the collection agency. However, if you fail to answer these lawsuits they will win and get a default judgment against you. If the debt is yours, then you may want to reach a settlement or look into other options such as bankruptcy.
If you are struggling with debt, you have options. Karra L. Kingston Esq. can help you. We help clients fight debt collectors. We can look into debt relief options that may be available to you such as debt settlement or bankruptcy. Give us a call for a free telephone consultation by calling (973)-979-9078. Our lawyers practice in both New York and New Jersey. We have helped individuals in all walks of life start over financially.