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Debt Recovery Law Provides Recourse Against Debt Collector Harassment
Under debt recovery law, you have recourse against debt collector harassment, but you need to know what constitutes harassment. There are legal rights for the lender or collection agency, besides the consumer protection offered under the Fair Debt Collection Practices Act. Debt collection harassment can include everything from calling you repeatedly at work or having threats and obscenities used against you.
There are collection agencies that are on commission and others might purchase your debt from the original creditor, for pennies on the dollar. They can employ very aggressive tactics to collect the money, but they must stay within the boundaries of the consumer protection laws or you may have legal recourse against them.
The first thing you need to do is become familiar with your rights under debt recovery law because there are certain steps you need to take, if the debt is not legitimate or you want to ask for proof of the debt. Should you not put certain things in writing within a certain number of days, you might weaken your ability to protect yourself from a judgment against you in a lawsuit, should one occur. As the legal owner of the debt, a debt collection agency has the legal right to collect the full amount of the debt, but as a consumer, you have rights under debt recovery law, which covers procedures that can be used to attempt recovery of the amount owed.
Letters will likely be the first form of communication you will receive and many ignore these requests, instead of disputing them. Essentially, they are a warning that further collection efforts will be started, so this is only the beginning of the barrage of letters and phone calls you might receive. If you don't respond to the letter, phone calls will start, but they can only be between the hours of 8am and 9pm. They should not call your employment, if it is against your company's policy for employees to have personal calls. Please be sure to go here best debt collection software or you can take a detour and check out this website about debt collection
Their main goal is to work out a payment arrangement with you and if you legitimately owe the debt, you might want to establish a plan to start paying something, in order to get phone calls to stop. Debt recovery agencies are limited in what they can do, but they will try to negotiate a settlement of the debt and they might contact the credit bureau to put a collection listing on your payment record.
It is possible the debt collection agency that owns your debt can file a lawsuit for collection, although they usually reserve this for debts that are over $2000. They can't threaten to have you arrested and threats of violence aren't acceptable. If they start threatening garnishments, lawsuits or repossession, it needs to be within their legal rights and it needs to be done through the legal process.
If you are the subject of debt collection efforts, the debt recovery law can protect your rights and provide recourse against collectors that practice harassment, during their attempts to get payment. If you have reason to believe a debt collection agency is stepping over the line, it might become necessary to talk to a lawyer or credit counseling agency because you have recourse against unfair credit collection practices by debt collectors.
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