How to Win Against Unfair Debt Collection Calls

Thursday, October 9th, 2008 Jason L. Montgomery

by Jason L. Montgomery

Is there anything you can do about the persistent calls coming in from debt collection agencies? Not all of them play fairly, and may be violating the state and federal laws put in place for your protection.

Did you know there are restrictions to the hours you can be contacted by a collection agent? Debt collectors are not allowed to threaten you, or harass you in any way. In addition, there are strong limits as to who a collector can speak with regarding any alleged debt.

Can you stop answering the phone? Some of us can use our caller ID to screen calls, but that’s not always the easiest solution. If you have a voice recorder for messages you can wait until a message is in progress as a way to screen your calls, and pick up at that point before any desirable caller hangs up.

If you do talk to the collection agency on the phone you may be tempted to record the conversation. Understand that there are laws associated with recording telephone conversations, known as wire-tapping. You are legally required to inform them at the start of the conversation that the call is being taped.

Some collection agents use tactics that are consider inappropriate, and may be against the low. They cannot use profanity in the call. Take detailed notes of any calls you receive, including the time and date of the call.

Collection agencies are not allowed to represent themselves as attorneys. They cannot tell you that you have committed any crime. They cannot imply or tell you that they are a law enforcement agent, or suggest that you could be arrested.

There are penalties for each violation committed by the collection agency. This means that each call outside of appropriate hours, each call using profanity or illegal threats, can amass penalties against the collection agency.

Bad debts happen. Sometimes it is through the poor spending habits of those who do not wish to repay those debts. Many times we find honest, hard working people in an unfortunate situation. No matter what reason for the bad debt, there is no excuse for any collection agency to use unfair practices.

About the Author:

Author Jason L. Montgomery writes tips for understanding your refinancing your homeand credit rights.

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