Real Deal: No Harassing Debt Collectors

PHILADELPHIA - The recession means more people are falling behind on their bills. The last person you want to hear from is a debt collector.

Some debt collectors are just doing their job, but others cross the line.

Fox 29 Consumer Reporter Michelle Buckman explains how to stop the harassment and maybe even collect some money from them.

Under the FDCPA (Fair Debt Collection Practices Act), consumers are entitled to free legal representation to fight back against debt collectors who are not following proper protocol to collect monies.

A Debt Collector should not:

• Call you repeatedly
• Call you at odd times/places
• Disclose information of your debts to third parties
• Use profane/abusive language
• Contact you after written notification that you do not want to be contacted any further
• Claim to be affiliated with any governmental organization
• Misrepresent the character, amount or legal status of a debt
• Threaten to take any action that cannot be taken legally
• Accuse you of having committed a crime
• Threaten to communicate false credit information
• Attempt to collect even before your request to validate is honored
• Use deceptive methods to collect debts
• Call you before 8:00 a.m. or after 9:00 p.m.
• Call you, but not announce who he/she is
• Attempt or threaten to collect a debt that is too old to enforce under state law
• File any legal action and/or taking a judgment without properly serving the party being sued
• Waiting years after an unlawful judgment has been secured to attempt further collection activities
• Fail or refuse to identify itself as a debt collector
• Speak to others (family, friends, neighbors) about your debt
• Demand unlawfully your social security number, credit or debit card, bank account or e-check authorization
• Fail to send you written details about the debt within 5 days of the first call placed to you
• Claim affiliation with the police, court or any other authority
• Make any false promise to improve your credit score

More information: www.creditlaw.com

If you feel that you are being harassed by debt collectors and would like to talk to Attorney Craig Kimmel about your situation, he has set up a hotline specifically for debt collection harassment problems, 1-800-NOT-FAIR (1-800-668-3247).

If Craig can help, it is completely free. Not only can the calls stop, you may be entitled to monetary damages, up to $1000, for violations committed against you.