There is possibly nothing more loathsome than a belligerent debt collector. Debt collector harassment is the leading complaint that the Federal Trade Commission receives. These collection agents often over step the law and break the rules set forth in the FDCPA (Fair Debt Collection Practices Act).

The first tactic often used in debt collector harassment is the threat to garnish your wages, confiscate your belongings or have you arrested. These threats are against the FDCPA. While some creditors can eventually take you to court and ask for a wage garnishment, they can not impose one on you simply because they desire. They cannot have you arrested and, again, they cannot seize your assets without a direct court order.

The next most frequent tactic is to demand post dated checks for payment on the debt. This is illegal – period. Not only is this against FDCPA rules, it will be against many laws in your state that regard check kiting or writing bad checks. Whenever you write out a check it is a legal instrument, therefore if you write it knowing there is no money to cover that check (regardless of date) you are breaking the law.

Finally, debt collectors often like to use the belittling tactic to shame you into paying your debt. Name calling, threats and abusive words all break federal regulations and should be reported immediately.

Having debt is hard enough. No one goes into a contract with the intention of breaking it and not making payments. The economy has been hard on everyone. Debt collectors do not have to make your life harder. In fact, it is probably easier to collect on a debt when you are compassionate and understanding.

As a consumer you must remember, regardless of how you got into debt, you still have rights guaranteed by the law. You do not have to take the abuse of a debt collector, nor fear for your income or property. Scare tactics are used as a form of intimidation and are against the FTC’s guideline for collections. Anyone being harassed should report the action immediately and should seek professional help in dealing with their debt situation.

Click here to speak to a fair debt attorney if you feel that your rights are being violated by a debt collector.

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