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Money

The www.FedPrimeRate.com Personal Finance Blog and Magazine

Wednesday, November 12, 2008

Even When You Have Outstanding Debts, You Still Have Rights

debt collectorsThese days, it’s commonplace to swap telemarketer horror stories with friends and family; it’s as American as apple pie. However, wild bill collector stories are also becoming increasingly popular. With the average American carrying an average of $2500 in unsecured debt plus mortgages, many of us know the dread of receiving unpleasant calls from creditors, although we’re less willing to tell the tales.

An old friend of mine named Wes is one of the great storytellers - he has spent the last 5 or 6 years climbing out of debt. So, he has collected some war stories along the way. One creditor told him that he wasn’t a real man if he didn’t pay his bills, and another asked him whether or not he truly cared about his family. One debt collector actually called my friend 2-3 times a day, every single day, including Sundays, for months. These relentless predators had no idea what his situation was, nor did they care; they were simply looking for the right button to press to get them what they wanted. However, as bad as these instances were, they weren’t the worst of the worst. There was one case that topped them all.

One creditor showed up at Wes’ doorstep.

Unannounced, with no attempts to contact him by phone, an employee from a payday loan establishment knocked on the door, looking to collect. Ironically enough, Wes didn’t owe a lot of money, and he had only missed one payment. Apparently that was enough to send someone out on a bounty hunting expedition. As soon as Wes opened the door, the woman began talking a mile a minute about his commitment, how he hadn't been in to pay, and how she had come to pick up the money. The woman didn't even identify herself - she just started talking. Wes had to interrupt her just to find out who she was. Needless to say, my friend was highly offended, and told the collector that she had to leave his property and not come back. I couldn't believe that a guy who was doing everything he could to settle his debts in a timely manner (even when it meant occasionally robbing Peter to pay Paul) would have to be subjected to such treatment, as if he were evading repayment.

This kind of harassment should be illegal!

The good news is that it is. However, when consumers don’t know that they have rights, they surrender them. The following video explains how to respond when a debt collector has gone too far:



The Fair Debt Collection Practices Act is designed to protect consumers against harassment, false claims, and fraud. You have the right to demand that creditors stop calling your home, to dispute the debt, and to receive, in writing, all the details concerning the debt owed. You also have the right to be treated respectfully and not harassed by debt collectors. Furthermore, if your consumer rights are violated by a creditor, you even have the right to sue them! The FTC says,

“You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney' s fees also can be recovered.”
Ironically enough, if you won your claim, you’d probably have to turn right back around and hand it over to the guys you just sued.

Ouch…

But at the end of the day, your dignity and privacy are worth fighting for, even if you only break even.

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