In other situations, a debt collector may simply imply that a family member or friend is responsible, without expressly asking for a payment.
Innocent parties that are harassed by debt collectors about a debt of a friend, or co-worker, or family member, are protected under the FDCPA. Which means they can also pursue a claim against an abusive or harassing debt collector. Generally, these cases involve situations where a person that does not owe a debt tells a collector to stop calling them, but the calls persist. In the most severe cases, a debt collector may try to harass or abuse an individual that does not owe the debt with the hope that doing so will cause pressure for the correct consumer to call and make a payment.
Either way, if your a debt collector is calling your family or friends, or if you are receiving debt collection calls about a family member or friend, you should contact a consumer rights attorney immediately to understand your rights and options under the FDCPA. Home Debt information Debt collection What creditors can do.
Phone calls about my debts. Why do creditors call? Worried about phone calls from creditors? Money worries? Find out how we can help you. What should I do when a creditor calls me? How often can creditors call me? What times can creditors call me? Can my creditors speak to anyone else? Consider sending your letter by certified mail and requesting a return receipt to show that the collector got it.
Keep a copy of the letter for your records. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you choose. And you can respond either personally or through your attorney.
That will preserve your rights. Yes, but the collector must first sue you to get a court order — called a garnishment — that says it can take money from your paycheck to pay your debts. A collector also can seek a court order to take money from your bank account. If you have an unpaid debt, a creditor or the debt collector it hires may get a court order to try to take money from your bank account to pay the debt.
The court order is called a garnishment. Many federal benefits are generally exempt from garnishment, except to pay delinquent taxes, alimony, child support, or student loans. States have their own laws about which state benefits can be garnished. They must stop, according to the law.
Harassment from a debt collector can come in many forms:. All of these are illegal under the debt collection practices act. However, if a debt collector sues you over debt and you fail to show up in court, you may lose by default and be ordered to pay. Then if you defy that court order, the collector may pursue an arrest warrant. The debt collection industry is rife with inaccuracies.
Incomplete or inaccurate documentation can lead a debt collector to pursue the wrong person for payment, or pursue the right person for a debt he or she already paid. You can also request that a debt collector stop calling or writing in pursuit of payment on a debt. Your obligation to pay the debt remains, however. All unsecured debts, like credit cards and medical bills, have a statute of limitations.
But you still owe it, and debt collectors can still seek payment on these old financial obligations.
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