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  • Writer : Polly Stein
  • Date : 23-03-02 13:11
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5 Things Debt Collectors can't do -- but 5 They Can

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5 Things Debt Collections Aren't Able to Do -- and 5 They Can
The debt collectors are restricted in the manner in which they can pursue you for money, however, they can pursue you for a lawsuit.
Written by Sean Pyles Senior Writer | Personal finances, credit, and personal finance Sean Pyles leads podcasting at NerdWallet as the producer and host of the NerdWallet's "Smart Money" podcast. The show "Smart Money" Sean talks with Nerds across the NerdWallet Content team to answer listeners' personal finance questions. With a particular focus on sensible and actionable financial advice, Sean provides real-world guidance that will help consumers improve the financial situation of their lives. In addition to answering listeners' financial questions on "Smart Money," Sean also interviews guests who are not part of NerdWallet and produces special segments on topics such as the racial wealth gap, how to start investing, and the history of student loans.
Before Sean took over podcasting for NerdWallet, he covered topics related to consumer debt. His work has appeared throughout the media including USA Today, The New York Times and other publications. When when he's not writing about personal finance, Sean can be found working in the garden, taking runs , and taking his dog for long walks. He lives within Ocean Shores, Washington.





Mar 24 2022


Editor: Kathy Hinson Lead Assigning Editor Personal financial, credit scoring, financial management and debt Kathy Hinson leads the core personal finance team at NerdWallet. Previously, she spent 18 years at The Oregonian in Portland in capacities such as chief of the copy desk and team director of design and editing. Her previous experience includes copy and news editing for many Southern California newspapers, including the Los Angeles Times. She received a bachelor's degree in journalism and mass communications at the University of Iowa.







A majority of the products featured here are provided by our partners who compensate us. This impacts the types of products we write about and the location and manner in which the product appears on a page. However, this doesn't influence our evaluations. Our views are our own. Here is a list of and .



If you are feeling powerless confronting debt collectors, know that their tactics are limited by .
Here are five things thatpeople who are attempting to are able to collect obligation on behalf another creditor -- can't do and five they should.
5 things that debt collectors aren't able to do
1. Come to your workplace
In the context of the FDCPA, it's illegal for an individual to visit your work place to collect payment. The law prohibits you from releasing your debts and showing on your work premises to collect your debt counts. That means that debt collectors cannot harass you in-person at your work.
However, a debt collector, like the credit card company may call you at work, even though they can't reveal to your co-workers that they are debt collectors. If you request the debt collector not to call you at work, then by law, they have to cease their calls.
Are you ready to get rid of your debt?
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2. Harass you
Harassment by a debt collector can come in a variety of ways:
Calls repeatedly.
Threats of violence.
Publicizing information about you.
Abusive or obscene language.

All of these are illegal under the act on debt collection practices.
3. Arrest you for debt
You aren't able to be detained on a debt that you owe to a debt collector.
If a debt collector pursues you for debt and you fail to attend court, you may lose in default and be required to pay. If you don't comply with the judge's order, that debt collector may pursue an arrest warrant.
4. Pursue you for debt you don't owe
The field of debt collection is rife with inaccuracies. Incorrect or incomplete documentation could make a debt collector pursue the wrong person for payment, or to pursue the right person to pay a debt he or she already paid. This problem isn't unusual but it's not legal.
If you're unsure of the amount of debt you're required to pay, you should start by doing a a review of Your credit history. They can be obtained at no cost by .
Be aware that collectors are able to contact their family or executors to discuss payment, but they are not able to make up a false impression that someone is obliged to settle the debt.
5. Call you whenever they want
Collectors of debt aren't allowed to call you after 8 a.m. and after 9 p.m. You may request that a debt collector stop calling or writing to inquire of payment on a debt. The obligation to pay the debt remains, however.
>> LEARN:
5 things that debt collectors are able to do
1. Seek payment on an expired debt
All unsecured debts, like medical bills or credit cards have the same . The date after which the debt has been "expired" and you cannot be sued for payment. But , you're still owed and debt collectors may still seek payment on the old financial obligations.
2. You can't let it go.
While debt collectors cannot intimidate you or deceive you, they can make use of pressure to collect payments. This pressure can include daily calls, letters that are frequently sent, or even discussions about pursuing the possibility of suing for payment of the debt, as long as they remain within the bounds by law.
3. Pay you in full for the credit
Debt collectors can as an last resort. They can lead to the garnishment of wages, bank levies or both, because most creditors don't show up in court and are subsequently unable to pay.
4. Sell your debt
A collector may sell debts it isn't successful in collecting and also sell the remaining balance even if only a small amount of payment was made. If one collector stops contacting you about a debt, don't be amazed if a new one begins. If you do complete the payment in full, ensure that you put the agreement written so you can show it.
5. Talk about the amount you are owed
Since debt collectors purchase debts for pennies per dollar, they can make large profit margins if they are able to collect the initial amount due. This gives them more flexibility when negotiating payments from consumers. You may be able in negotiating settlement for 25 percent or 30 percent of the amount you were originally due. Make sure to get the agreement in writing so you can prove that the debt was deemed to be fully paid for the amount of the settlement agreed-upon.
>> MORE:



The author's bio: Sean Pyles is the executive producer and host of NerdWallet's Smart Money podcast. His writing has been featured in The New York Times, USA Today and elsewhere.







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