Debt collectors and junk debt buyers are infamous for their aggressive, abusive, and inappropriate collection efforts. While some debt collectors abide by the law, others are just plain stubborn, applying illegal collection practices and sometimes, even crossing the line.
If you got unpaid debts and your creditor or the junk debt buyer is threatening to file a credit card lawsuit, it's never a good idea to take the situation lightly. However, if your creditor is threatening you with wage garnishment, property lien, or even jail time and you believe they crossed the line just to collect the money, you need to consult with a local consumer law attorney who has great experience in handling similar cases. It's highly likely that you will be advised to press charges. Below are some of the most common collection efforts by debt collectors that are illegal under the Fair Debt Collection Practices Act:
* Profane, obscene or abusive language
* Threats of violence or bodily harm
* Repeated phone calls each day
* Threats of ruining your credit
* Threats of jail time, calling your employer or your mother and telling on your debts
* Threats of wage garnishment, property lien, extracting money straight from your savings account (They will have to win the credit card lawsuit to be able to do all these)
* Implies that he is a lawyer when he is not, presents misleading information about representing the company to collect debts
* Attempts to collect even after filing a Chapter 7 bankruptcy
* Tries to collect a higher amount of money than the original amount
* Continuously contacts even when you sent a Cease and Desist letter
* Phoning your work office even when your employer specifically tells him not to call again
* Phoning you before 8 in the morning or after 9 in the evening, unless you told the collector it's fine to call you during these hours
* Failed to provide a written validation of the debt after you sent them a debt validation letter
* Threats of violence or bodily harm
* Repeated phone calls each day
* Threats of ruining your credit
* Threats of jail time, calling your employer or your mother and telling on your debts
* Threats of wage garnishment, property lien, extracting money straight from your savings account (They will have to win the credit card lawsuit to be able to do all these)
* Implies that he is a lawyer when he is not, presents misleading information about representing the company to collect debts
* Attempts to collect even after filing a Chapter 7 bankruptcy
* Tries to collect a higher amount of money than the original amount
* Continuously contacts even when you sent a Cease and Desist letter
* Phoning your work office even when your employer specifically tells him not to call again
* Phoning you before 8 in the morning or after 9 in the evening, unless you told the collector it's fine to call you during these hours
* Failed to provide a written validation of the debt after you sent them a debt validation letter
It's critical to put keep a good record of all communications you had with an abusive collection agent . The record could make or break your case once the other party files a credit card lawsuit . You can also add copies of letters sent to you by the collector, cancelled checks, receipts and other notes.
Phone conversations can also be a part of record keeping. You can either take note or record the conversation but only with the permission of the person on the other line. Any record you keep may be used if the case reaches the court.
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