The stress of owing a debt may weigh heavily on your conscious.
You may think about how you are going to pay it off or how you are
going to put it off, all of which are certainly realistic
concerns. Added stress may be caused by a
collector’s constant effort at communication, including
endless phone calls and collection letters reminding you that you
owe the debt and threatening to sue if you fail to pay.
Another very real concern is regarding contact with people in your
life about the debt and at the top of thel ist for embarrassment is
a collector actually showing up at your home.
While there are laws that protect you from conduct that is in
violation of the Fair Debt Collection Practices Act
(“FDCPA”), knowing your rights is the safeguard you have as a
Under the FDCPA, a debt collector is technically allowed to do
anything to collect a debt that you give the collector permission
to do. In other words, if you allow it, a collector may call
you early in the morning or late at night or call you at your place
of employment, conduct which would otherwise be prohibited under
the statute. Furthermore, a collector may come to your home,
with or without your permission. Under the FDCPA, a collector
may contact you to collect a debt between the hours of 8:00 a.m.
and 9:00 p.m. and this time restriction applies to phone calls or a
knock at your door.
A collector may also come to your home to repossess the property
which is the subject of the debt if the collector has the
right to do so. If you will not allow the collector into your
home, the collector must obtain law enforcement to enter
against your will, but neither are allowed to use physical force
against you or allowed to destroy your property.
If a collector shows up at your home and you do not want the
fear or worry of your family, friends or neighbors seeing the
collector, let the collector know you no longer wish to be
contacted in person. Under the FDCPA,if you notify the
collector that you wish to only be contacted by phone or bymail, he
must respect your request or he is in violation of the law.
If you are not home, the collector may onlyinquire as to your
whereabouts or confirm your address and contact information with
your family, friends or neighbors and under the law the collector
isprohibited from voluntarily disclosing that you owe any debt or
the name of the company he is working for unless
If you believe yourrights have been violated under the FDCPA,
and you are interested in discussingyour situation in greater
detail, contact SmithMarco P.C. for a completely free case review.