What Can A Debt Collector Do

Debt collectors are like mosquitos. They can be annoying, and they’re hard to dissuade. Fortunately, there isn’t much a debt collector can do besides calling you and sending you mail. The Fair Debt Collection Practices Act (FDCPA) spells out the actions that a debt collector may and may not undertake in the process of collecting a debt.

Your state has different laws that may limit debt collectors even further. It’s worth investigating these laws, so you understand the rules and can play the game accordingly.

What Debt Collectors can do: 

1. Call me directly between the hours of 8 am and 9 pm. However, you have the right to request not to be contacted by phone again in the future. This request must be made in writing. You can also insist that the debt collector only contact your attorney instead. 

2. Contact you via mail. However, it can’t be obvious to someone looking at your mail that the correspondence is from a debt collector. Postcards aren’t permitted since the nature of the correspondence would be apparent.

3. Take you to court. The details are very state-specific, but your creditors can undoubtedly take you to court. For smaller debts, this rarely happens. If you had the money, you’d have already paid it. If you don’t have it, an expensive legal proceeding isn’t worth the effort. 

4. Request postdated checks. This is allowed under the FDCPA but may not be permitted under your state’s debt collection laws.
5. Report your payment delinquency to the credit bureaus. Paying your bills on time is an essential part of your credit score.
6. Accept less than the total amount as payment-in-full. This can be a great option to get the collection agency off your back. The debt may appear “settled” on the credit report, harming your score. You may also have to pay taxes on the amount of the debt that was forgiven.

Debt collectors must follow the laws provided by the FDCPA and your state of residence. If you owe money, it’s reasonable to expect that your creditor will try to collect that debt. However, there are limitations. Many collection practices are illegal.

What Debt Collectors Can’t Do: 

1. Call me on a Sunday. Monday through Saturday is fair game, but even debt collectors have to take a break on Sundays.
2. Call me after 9 pm or before 8 am. The only way debt collectors can call you outside these hours is with your permission.
3. Contact your employer. Unless the debt is related to non-payment of child support, your employer is off-limits. They also can’t contact you at work if they know you don’t want to be bothered there.
4. Contact your friends, family, or neighbors regarding your debt. They can, however, contact these people to determine your address or phone number. It cannot be revealed that you owe money.
5. Use threatening language over the phone. Vulgar language or the threat of prison or loss of reputation isn’t permitted.
6. Call me repeatedly in a short period. This is open to interpretation. But if you’re constantly receiving calls, it can be considered harassment under the FDCPA. You can sue the debt collector in this case.

This is the shortlist of items that many debt collectors have violated. Familiarize yourself with the FDCPA for additional restrictions. Remember that these rules only apply to debt collectors and not the in-house collection employees of your creditor. See your state laws for additional guidance.

Debt collectors may be annoying, but they must follow the law just like everyone else. Each violation of any rules can carry a $1,000 fine, and debtors have successfully collected these fines in court.