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Abusive debt collectors can make the ringing of the telephone a source of anxiety and can make the hours of their legal operation feel like a living nightmare. However, it is important to bear in mind that there is a difference between legitimate efforts at debt collection and the practices used by abusive debt collectors. You can take steps to stop abusive debt collectors.

Debt collectors, contrary to what some of them seem to think, do have limitations on their means and methods. By law, they are not allowed to be abusive or deceptive. Debt collectors are required to conform to the Fair Debt Collection Practices Act (FDCPA), which is enforced by the Federal Trade Commission. You do not have to accept abusive or deceptive debt collection practices, and can take concrete action to stop abusive debt collectors.

Step 1:

Inform yourself about your rights, so you know what the legal definition of abusive debt collecting is. Debt collectors, for example, can't call you at work once you inform them that you are unable to receive calls there. They cannot call you before 8 AM or after 9 PM and there is a level at which repeat calls are deemed harassing. These are just a few of the many protections consumers have, and taking the time to become familiar with all of your debt collection protections is essential.  

Step 2:

Act upon what you've learned about your rights in a firm, decisive, and polite manner. Request that the debt collection agency send you a formal validation notice detailing the amount of the debt as they are required to do by law within 5 days of your request. Check your credit reports to make sure that those debts are reported accurately and dispute any that are not.

Step 3:

Formally inform debt collectors that you do not want them to contact you again. This must be done in writing, and you should make a copy for your personal records. Send the original letter by certified mail, so that you have a record of the communication. According to the limitations set down by law, they have to respect this and can only contact you to confirm that there will be no further contact with the exception of informing you of new action on the part of the creditor that engaged them to collect the debt.

Step 4:

Report violations by creditors to the proper authorities, which include the Federal Trade Commission and Attorney General's office in your state. You also have the right to engage in a civil suit against an abusive creditor and may receive monetary compensation if the case warrants it.

Debt collectors do not have the right to abuse, harass, or deceive you. Taking action to preserve your rights and to report those who try to ignore them helps you in the present and others in the future. Debt collectors will be less likely to engage in abusive practices when they know that they will be held accountable. The best way, however, to avoid dealing with abusive debt collectors is to take active steps to reduce debt on your own, via such methods as negotiating with creditors for interest rate reductions and workable repayment schedules, improved budgeting that increases money available for paying down debt, and working with a credit counselor.
Quick Tips:
Always be polite when dealing with debt collectors, even if they are not.
Do not stay on the telephone with an abusive collector. Request the information in writing, thank them for their time and hang up.
Reporting abusive debt collectors can be done quickly and easily online.
Useful Links:
Federal Trade Commission Complaint Assistant
Reduce Debt On Your Own
About this Author:

Sharon Secor has been writing about consumer protection and personal finance matters for years, and has been published on numerous websites, including Direct Lending Solutions.


View more information and all guides by Sharon Secor

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