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Budlightgurl | Question about collection agencies? |
Can collection agents actually come to your house and harass the hell out of you?... or is this just a scare tactic?..
Additional Details
Why do some people say Yes and others say NO?? Please only answer if you know for a fact. Thank you. |
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SPIFIMAN1
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Hello Amanda.
No they can not.
There is a long list of things that they can not do under the Fair Credit Reporting Act, I quote from the Consumer Action Handbook.
" A debt collector may not:
Contact you at unreasonable times, for example before 8:00 A.M. or after 9:00P.M, unless you agree.
Contact you at work if you tell them your employer disapproves.
Contact you after you write a letter telling them to stop, except to notify you if they are going to take a specific action.
Contact your friends, family relatives, employer or others except to find out where you work and live.
Harass you through threats to harm you, profane language or repeated phone calls.
Make any false statement or claim that you will be arrested.
Threaten to have money deducted from your paycheck or sue you, unless they intend to do so and it is legal.
To file a complaint contact the FTC at 1-877-382-4357". |
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Cody M
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I am a certified collection agent in Texas. They cant do anything but ruin your credit. If one shows up at your door...call the police. It is against the law for them to threaten you. Call the Better Business Bureau. you can report them and they will get in so much trouble. They have to follow the laws like everyone else. Good Luck :) |
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tuxcatluvr
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It is illegal for them to come to your house. Not to mention they are not going to employ some one to travel the nation to go door to door. It is also illegal for them to threaten you like that. They cant threaten to come to your house. That is in volation of the law. FDCPA governs collectors. They also cannot take any of your property away from you as payment or threaten to take you to court. All they can do is tell you that your credit is going to suffer greatly and ask for thier money. Here is the link to the FDCPA http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
What they are doing to you is wrong and need to be repramanded. |
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rockman1091953
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Spifiman is correct, and what's up with the thumbs down to the only complete and correct answer? |
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Studly
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Spiffman and CivPro are partly correct.
In most states, the original creditor is not covered by the rules in the FDCA, but there are a few states that have their own version of FDCA that includes ALL creditors. You need to check your state law, or send it to me and I'll look it up for you.
Your question is two part....no, they can't harass you as Spiffman says. but you also mentioned if they can come to your home. I see absolutely nothing in the law that prevents this. If I am wrong, then maybe our collection agent responders could supply me with the source of such a law.
BUT.....if they ever do come to your door, just send them a letter in the mail to Cease and Desist contact with you. That way, if they ever come to your door again they will be violating the FDCA.
Take a few minutes to read this law. The reason these collection agents harrass you is because you do not understand the law, and they can get away with murder! |
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stephenweinstein
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Whether they can or cannot, they do not. It is a scare tactic. If they are calling by telephone, they may not even really be in the U.S. or able to get a visa to come here. |
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Bluelady...
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Hi Amanda,
I'm not so sure they want to go out of there way to go to anyone's door, even if they could ; Why, when they can get a court garnishee, and seize accounts, property, right from the comfort of their office chair? It happen to me 12 years ago, and I wasn't even served. But there is one thing I do know: They won't even take nor is it worth it for them to take anything to court, UNLESS over $500.00 today.
So let them phone you, just tell them once and only once," Don't you ever phone this house again, Stop harassing me, and consider yourself warned!" But Amanda, in the mean time sent money a month: Even $20.00, if you can, that can and might stop the pressuring tactics.
A lawyer told me this, about 3 years back. Good luck dear.
Vancouver, Canada. (Remember every country has different laws or rules ;) |
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spiritwalker
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scare tatic, they really don't want to get HIT!! Nor do they want a lawsuit. |
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civpro1
 |
I read all the above answers and for the most part they are correct. The one thing I noted was many jumped right to the FDCPA. You didn't say if this was a third party attempting to collect the debt or the original creditor. You simply said "agents." The FDCPA does not apply to the original creditor (or officers/employees of the original creditor) 15 USC 1692 (a)(6)(A).
My guess is you are talking about a collection agency retained to collect a debt for the original creditor.
But if you have financed a car and they are coming to repossess the car, then it is not harassment. If you have used collateral to secure another loan, the original creditor may have filed a replevin action and they would be coming around to collect the collateral. Same if you are in a rent-to-own type contract, the person/entity who provided you the item can attempt to collect it in ways that a "debt collector" as defined by the FDCPA cant, including coming to your home.
If you are being contacted by ABC Collection Agency for XYZ Credit Card, then NO, they cannot come to your home. Let me add it is not a statute/law that says this, but there are some court decisions out there that say threatening to come to the home is a violation. Honestly, this would be a very inefficient way to collect on a debt, the cost for doing that would make it unprofitable.
Good Luck |
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eatonwrite aka dryBri
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different states, different laws...
my fave tactic---wear them down. Tel them you want to pay by credit card and that you are going to get the credit card, then just leave the phone off the hook. do it a few times and they will stop...this also works for telemarketers. |
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Lizbiz
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In some states they can call your neighbors and your place of work. If you are being harassed you should change your phone number and get an answering machine. If someone threatens you report them as that is illegal. Get their name and phone number, collection agency address and supervisor name. Be strong and don't put up with harassment. You can only do the best you can and they want you to become afraid even if you can't pay. |
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perfectlybaked
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Yes, they can.
Just don't answer the door, eh?
My bills aren't assigned to collections, but man I had this car bill financed through a creditor, and I was a week late on my latest payment because I was just about to pay the whole thing off, and the idiot guy calls me once a day, harassing me to stop by the HQ which is like 3 hours away just to make a $197 payment in person.
He then calls me at work while I'm in the dri-thru (we use phones to communicate through the driv-thru pharmacy), and I pick it up and it's him! He then keeps me on the line going in circles about me being 1 WEEK late, as the cars pile up. I felt like saying, "Mister, if I get fired from my job today you ain't receiving a dime!" but I didn't.
So, I imagine that if your bills have gone to collections, the harassment is much worse. If you owe the IRS, the harassment is MUCH worse, so I hear.
Anyway, even if they do show up, there is nothing to fear. They can't do anything. |
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