Debt Collector Threats
A debt collection company’s threats can strike fear into the heart of the most stoic consumer. Although the Fair Debt Collection Practices Act (FDCPA) prohibits a debt collection company from threatening you, it doesn’t seem to stop them. Indeed, debt collectors have been known to threaten violence, threaten to take a person’s home, and threaten to have a person arrested. And that’s just the tip of the iceberg.
The FDCPA expressly forbids either the threat or use of violence to harm you, your reputation, or your property. So, for example, a typical debt collection company threat might be that they will foreclose on your house if you don’t pay up. However, unless you used your house, car, or other property as collateral for the particular debt for which the collector is trying to get payment, then it is illegal for him or her to threaten to take or repossess that property. For example, if it’s a hospital bill or phone bill that they are collecting, they have no right to any property. Of course, this doesn’t include mortgages or car loans, which are secured by the property. For example, if it’s a hospital bill or phone bill that they are collecting, they have no right to any property.
Other Types of Threats
As previously mentioned, debt collection company threats take a number of forms. A debt collector may threaten to call your boss, threaten to have you arrested, threaten to hurt you, or threaten to take criminal action if you don’t give him post-dated checks. He may even threaten to deposit your post-dated checks earlier that he should. All of these behaviors are illegal under the FDCPA.
How to Fight Back Against Threats
If you’ve been threatened by a debt collection company, it’s important to fight back. First, keep a record of every conversation you have with the debt collection company, and write down the ways in which they threatened you. This kind of documentation can help you establish that the debt collection company violated the FDCPA.
Second, write a cease and desist letter. Remember, a debt collection company can’t contact anyone you know once you’ve told them to stop.
If you are subject to Threats by third party debt collectors, The Prado Law Firm is here to help.
To speak with an attorney now call (470) 353-8870 for a free, no obligation case evaluation. We make them pay you!