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Stop Collection Agencies

by Seth Miller

Sometimes ruthless bill collectors will prey on customers and force debtors to exercise their legal rights. Collection agencies have been forbidden from using abusive and strong-arm tactics when dealing with debtors. Threats, abuses, advertising the debt for sale or repeated calls without disclosure of the collector's identity are strictly forbidden by law. When collection agencies get out of hand and begin to use unfair means for recovery of dues, a debtor has a right to legal recourse.

A letter disputing the debt and notice to stop contact with the debtor must be served to the collection agency. Once an agency receives a letter, they cannot contact a debtor any further, except to inform a debtor that there will be no further contact or that their agency intends to takes some specific action. A complaint can be filed with the Federal Trade Commission. The Fair Debt Collection Practices Act allows individuals and plaintiffs to sue in a federal or state court within a year of the violation. There are many private practice attorneys who specialize in assisting consumers who have experienced violations of state and federal debt collection laws by a collection agency. In such circumstances, the agency must be persuaded to stop its collection efforts until it an investigation has been conducted. It must validate the debt by obtaining a verification of the debt or a copy of a judgment from the creditor. Written confirmation that the collector is not holding you accountable for the debt must be obtained.

Abusive behavior can be documented and presented in a US court of law. If a collector is abusive, a taped copy of the call is permissible as evidence in the court. However, certain US states require a debtor to obtain consent before taping a call, so it is always good to know the laws before taking any actions.

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