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5 Things Debt Collections Aren't Able to Perform -- as well as 5 They Can

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5 Things Debt Collectors Can't Do -- and 5 They Can
Debt collectors have limitations on how they can pursue you for money, however, they can pursue you for a lawsuit.
Written by Sean Pyles Senior Writer | Personal finances and financial debt Sean Pyles leads podcasting at NerdWallet as the host and producer of NerdWallet's "Smart Money" podcast. In "Smart Money," Sean talks with Nerds from the NerdWallet Content team to answer listeners' personal finance questions. With a focus on thoughtful and actionable money advice, Sean provides real-world guidance that can help consumers better their financial lives. In addition to answering listeners' financial questions on "Smart Money," Sean also interviews guests outside of NerdWallet and also creates special segments on topics such as the racial gap in wealth, how to start investing, and the history of student loans.
Before Sean lead podcasting at NerdWallet He also covered issues that dealt with consumer debt. His work has appeared on USA Today, The New York Times as well as other publications. When when he's not writing about personal finance, Sean can be found digging around the garden, taking runs , and taking his dog on long walks. Sean is located at Ocean Shores, Washington.





Mar 24, 2022


Edited by Kathy Hinson Lead Assigning Editor Personal finances, credit scoring managing money and debt Kathy Hinson leads the core personal finance team at NerdWallet. Prior to joining NerdWallet, she worked for 18 years with The Oregonian in Portland in capacities such as chief of the copy desk and team leader for design and editing. Her previous experience includes news and copy editing at many Southern California newspapers, including the Los Angeles Times. She graduated with a bachelor's in mass communication and journalism at the University of Iowa.







The majority or all of the items featured on this page are from our partners, who pay us. This affects the products we write about as well as the place and way the product appears on the page. However, this does not affect our assessments. Our opinions are our own. Here is a list of and .



If you are feeling powerless confronting debt collectors, know that their tactics are limited by the .
Here are five things -- those who are able to collect credit on behalf of a creditor and five they should.
5 things debt collectors can't do
1. Come to your workplace
Under the FDCPA, it's illegal for a to come to your workplace to collect payments. The law prohibits the publicizing of your debts, and showing up at your job to collect your debts. That means that debt collectors cannot harass the employees in person at your workplace.
However, a debt collector, like a credit card company, may call you at work, even though they can't reveal to your colleagues that they are debt collectors. If you ask the debt collector to not contact you while at work, they have to cease their calls.
Are you ready to take on your debt?
Keep track of your spending and balances in one spot to help you see how you can get rid of credit.






2. Harass you
The harassment of debt collectors may come in a variety of ways:
Repeated calls.
Violence threats.
Information about your publication.
Language that is abusive or vulgar.

All of these are illegal under the debt collection practices act.
3. Arrest you for debt
You aren't able to be detained for a debt you owe to an individual debt collector.
However, if a collector seeks to sue you for the debt, and you don't attend court, you could be dismissed by default and be ordered to pay. If you don't comply with the judge's order, that debt collector may seek to obtain an arrest warrant.
4. Pursue you for debt you don't owe
The industry of debt collection is plagued by inaccuracies. Incomplete or inaccurate documentation can make a debt collector pursue the wrong person for payment, or even pursue the right person to pay an obligation he has already paid. This issue isn't uncommon however it is illegal.
If you are unsure about the amount of debt you're required to settle, begin by conducting a a review of the credit report. You can get them at no cost by .
Be aware that collectors are able to contact their family or executor to discuss repayment, but they cannot make up a false impression that someone is obliged to settle the debt.
5. Call you whenever they want
The debt collectors are not allowed to contact you after eight a.m. and at any time after 9 p.m. You may also request that a debt collector stop calling or writing to inquire of payment for the debt. Your obligation to pay the debt remains, however.
>> LEARN:
5 things that debt collectors are able to do
1. Make sure you pay off an outstanding debt
All debts with no security, such as credit cards and medical bills are subject to the same . After this date, the debt becomes "expired" which means you aren't able to be sued to recover the debt. However, you are still owed it and debt collectors may continue to pursue payment for the financial obligations that were previously due.
2. Pressurize you
Although debt collectors aren't able to intimidate you or deceive them, they are able to make use of pressure to collect payments. This pressure can include daily calls, frequent letters, or discussions about filing a lawsuit for payment on the debt -- as it is within the limits that the law allows.
3. You can sue you to pay an outstanding due
The debt collector can be a last-ditch effort. These lawsuits often result in the garnishment of wages as well as bank levies or both, since the majority of debtors don't show up to court and are subsequently unable to pay.
4. Sell your debt
A debt collector can resell debt it hasn't been successful in collecting and also sell the remaining balance if only partial payment was made. If one collector ceases to contact you regarding a debt, don't be surprised if another starts. If you decide to make a payment on a debt in full, be sure that you put the contract in writing so you can prove it.
5. Talk about what you are owed
Because debt collectors purchase debts at pennies on the dollar, they earn high profit margins when they collect the original amount owed. This gives them more flexibility when negotiating payments from the consumer. You may be able in negotiating settlement for 25% or 30% of the amount you were originally were owed. Make sure to get the agreement in writing, so you have proof the debt was paid in full for the amount of the settlement agreed-upon.
>> MORE:



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







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