Although debt collectors often go to great lengths to collect debts—there are many things they are legally prohibited from doing. Unfortunately, however, this doesn’t always stop them. In fact, debt collectors routinely break the rules in pursuit of profit. In this article, we discuss five things debt collectors aren’t allowed to do.
#1: Show Up at Your Workplace
Under the Fair Debt Collection Practices Act (“FDCPA”), a debt collector cannot come to your workplace in an effort to collect a debt. A debt collector can, however, call you at work—subject to some limitations. For example, a debt collector who calls you at work may not reveal to the person who answers the phone that the call is related to debt.
#2: Harass You
Although it should go without saying that debt collectors cannot harass debtors, many debt collectors aren’t opposed to using illegal tactics to collect debts. Examples of types of prohibited harassment include:
- Repeated calls
- Violent threats
- Publication of information about the debtor
- Obscene or abusive language
#3: Arrest You
Although some debt collectors may claim otherwise, a debtor can’t be arrested for failing to pay a debt. The only exception to this is something called an Order for Examination Under Oath. If you receive an Order for Examination Under oath, contact a lawyer.
#4: Attempt to Make You Pay a Debt You Don’t Owe
Debt collectors purchase consumer debts in enormous quantities for pennies on the dollar. They then attempt to collect these debts for big profits. However, these large transactions routinely lead to recordkeeping inaccuracies. Inaccurate documentation can lead a debt collector to pursue the wrong person for payment or pursue the correct person for a debt that has already been satisfied. Although this is a common issue, it’s also forbidden by law.
#5: Call You at Unreasonable Times
A debt collector can’t call you before 8 a.m. or after 9 p.m. In addition, you can request that a debt collector stop calling or writing to you altogether regarding a debt. However, requesting that a debt collector cease contacting you doesn’t eliminate your obligation to pay the debt—if you actually owe it.
Contact a California Debt Collection Lawsuit Defense Attorney
Unfortunately, one thing a debt collector can do is sue you to collect a debt. Therefore, if you’re facing a debt collection lawsuit in California, you need a California debt collection lawsuit defense attorney on your side. At the Fullman Firm, our experienced attorneys take pride in fighting for the rights of consumers. When you come to us for help with your debt collection lawsuit, we will do everything in our power to ensure that your case is a success. Please contact us to schedule a consultation.
