| Dealing With Collection Agencies That Go Too Far |
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| Written by Mark Andrade |
| Monday, 26 July 2010 16:53 |
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More than a few collection agencies engage in illegal practices when attempting to collect debts. Unfortunately, low-income and non-English speaking debtors are among those most often taken advantage of. You might even have found yourself a victim of their shady practices if you, or one of your loved ones, had an account sent to collection. When such tactics are employed however, the law is on your side.
More than a few collection agencies engage in illegal practices when attempting to collect debts. Unfortunately, low-income and non-English speaking debtors are among those most often taken advantage of. You might even have found yourself a victim of their shady practices if you, or one of your loved ones, had an account sent to collection. When such tactics are employed however, the law is on your side. Collectors have been known to falsify documents or pretend to be law enforcement officials to collect money. They have threatened to take personal property if not paid immediately in addition to using profanity and other intimidation tactics. The parents or adult children of debtors have even been harassed into giving payment. None of these behaviors are allowable under the Fair Debt Collections Practices Act (FDCPA) and you can sue the agency and possibly even the creditor if this has happened to you. Especially if the violations were repeated and you have at least one witness. You could even receive punitive damages if the abuse you suffered was particularly bad. You should let the authorities know if you have been the victim of a collection agency that has broken the law or otherwise overstepped its bounds. Taking decisive action to hold them accountable will help prevent further abuse and could possibly even result in the cancellation of the money you owe. Direct your complaints to either your state's Consumer Protection Agency (CPA) or the Federal Trade Commission (FTC) who the governing bodies in these matters. You might also want to contact your original creditor for redress as they can be held liable in some cases for actions taken on their behalf. The first thing to do is send a letter to your creditor outlining the specific violations made by the collection agency. Communicate your willingness to waive any further legal action in exchange for forgiveness of your entire debt, plus removal of anything negative related to it on your credit report. This could end the matter because most creditors don't want to risk the potential embarrassment and damage to their reputation from a lawsuit. If you have been the victim of an overzealous collection agency, you are protected under the law. You need to document repeated violations and preferably have a witness. Sometimes just making a creditor formally aware (in writing) of the abuse, may lead to speedy resolution of your debt as most creditors will just want to see the matter go away. Other potential victims, as well as your wallet, could benefit from your action. DISCLAIMER: This article is provided as information only and is not to be taken as financial advice. Visit our website all about Cash Lenders which gives practical advice to those experiencing short-term financial difficulties. It also offers information on Discount Advances, as well as tips on saving, budgeting, and other spending decisions. |