Once you have informed a debt collector that you have hired an attorney, they cannot contact you lawfully. Contact the Chicago debt collection defense attorney if you have been harassed by a debt collector or subjected to abusive debt collection practices.
What Is the Role of a Debt Collector?
A debt collector is a person who is in the business of attempting to collect a debt on behalf of another party or whose primary business is collecting delinquent debts.
Unless they claim to be a third party or are in the primary business of purchasing or collecting defaulted debts, the Fair Debt Collection Practices Act (FDCPA) does not apply to corporations or individuals attempting to collect on a debt owed directly to them.
The Process of Debt Collection
A debt collector should send you a written notification of your rights within five days of first contact unless you settle the bill.
Debt collectors are prohibited from contacting you if you make a written request or inform them that you refuse to pay. If you truly owe the debt and have no defense, asking them to cease contacting you may result in a lawsuit being filed against you. They may report the debt to the credit bureaus if they have not already.
Debt collectors’ harassing behavior
When debt collectors approach you to attempt debt collection, there are a number of rules that govern what they may and cannot do.
What Debt collectors will be unable to:
-Make remarks that are false, dishonest, or misleading.
-Contact you without revealing the name of the company contacting.
-Make a series of harassing phone calls.
-You have been threatened with violence or harm to your person, reputation, or property.
-Inform or threaten to inform others (employer, neighbors, credit references, or friends) that you owe money.
-Use obscene or abusive language toward you, or call you names
-Accept a postdated check and cash it before the due date on the cheque.
Debt collectors frequently employ deceptive tactics to frighten and manipulate borrowers. Debt collectors are known to take advantage of people by lying and threatening them.
If you have been the victim of debt collection harassment, keep copies of every correspondence with and from the debt collector. Make a record of each event, including the date, time, and collector’s name. Make a note of their phone number if they have not yet identified themselves. Make sure to save any nasty messages left on your answering machine or voicemail.