Know your rights- facts about collections and harassment - The Bills.com Blog

should a bill collector call someone that was listed as a reference on your application? If so what should the reference do?

The bill collector may call the reference to find out the contact details of the debtor, he may not discuss any financial matters with the reference. The reference should not discuss any financial information with the collector, they should only confirm the contact details of the debtor referenced.

I had a job interview a couple weeks ago. I have never been called back since, but today I received a phone call from a debt collector in which they told me they contacted my current employer and talked to someone in human resources about me and this debt I owe. I asked them what they were talking about since I am currently unemployed and they told me the place I had my interview at was currently listed on my credit report as my current employer. I don't understand that but even moreso, I don't understand how a debt collector can just contact a place of employment to talk about any debt you owe? Is that legal? They've never contacted me until today, and I've never received a bill from them to even know I owed them money. How is this legal?

No, they cannot call your place of work. Moreover I don't know how they got to know about the place that you interviewed with. Maybe you should check your credit report to see who is showing up as your employer. You can send them a cease communication letter as per the FDCPA. Google search the terms and you will find plenty of sample letters.

CAN A BILL COLLECTOR CALL YOUR WORK PLACE EVERYDAY? I SPOKE TO THEM AND THEY WANTED TO KNOW WHY WASN'T I ABLE TO KEEP UP WITH THEIR BILL BUT ABLE TO KEEP UP WITH ANOTHER PARTIES BILL. WHEN I TOLD THEM I COULDN'T TALK SHE GOT VERY RUDE AND STATED THAT THEY WOULD BE SHOWING UP TO MY WORK PLACE AND MAYBE SOMEBODY COULD HELP ME OUT? CAN THEY DO THAT?

No they cannot do that, they might be in violation of the FTC guidelines, check for more information and your rights here: http://www.ftc.gov/os/statutes/fdcpajump.shtm You could send them a cease communication notice, you can find a sample letter at http://www.bills.com/debt-DIY/

How many times can a bill collector call per day? I am 12 days behind on a rental agreement. I told them that I would try to make the payment tomorrow and they informed me they need payment today and also were saying things to me like my husband was not a man for not returning there calls and I recorded them what can I do about the harrassment? Should they be able to talk to me this way?

Section 805 of the Fair Debt Collection Practices Act (FDCPA) states the following: "A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: [first four sections deleted here for space purposes] (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number." In other words, there is not set number of calls the creditor cannot exceed -- it just can't be continuous. I suggest you make notes each time they call, so that if the calls are unreasonable you have a cause of action to sue the creditor. Be polite but firm when you tell them when you can pay. Next time you find yourself in a situation where you need to pay late, call the creditor in advance so they know your intentions. Also, if you make a promise to pay on a certain date be sure to honor that promise so that you build up their trust in you.

a bill collector called me 5x in a matter of 2 hours..it was a recording and when i called them back and told them i was unemployed so there was nothing i could do about the debt at the moment and asked them not to call they said they would continue to call...if i have told them that i am unemployed can they still call me or is ths harrassment?

Under Section 805 of the Fair Debt Collection Practices Act (FDCPA), the test is the caller's intent. If it's clear they are trying to harass you by making the phone ring continuously, then that is harassment. There is no exemption for people who are unemployed.

I read the previous question and answer and trying to figure out what to do. I'm getting a call from a 1800 number 8-10 times a day. They never leave a message, so I will not answer or call it back. What are my rights and what can I do?

You will need to find out as to who it is that is calling you, I think you will have to answer the phone at least once, to find out. You can also go through your credit report to see what collection accounts you have, in order to guess who might be calling. Keep in mind that collectors have full rights to call you in order to establish contact with you. Once you answer their call, and once you explain your situation to them, that is when the Fair Debt Collections Practices Act (FDCPA) regulations come into the picture. You can use the links in the comments to read about your rights with respect to the FDCPA.

I got around five small loans from local loan companies for 300.00 to 500.00 each. I was doing fine paying them monthly until part of my income got cut off and I no longer have enough money to pay all my loans. I was paying interest only of stay alive but I could no longer continue paying interest at all. Now its been 3 months that have passed by and I am being harrassed daily. I am being threatened that my collateral (TV & stereo/furniture) will be picked up. I dont know what to do and am being stressed out. Please advise as I am at my last thread..

First, read these two replies to other readers who had similar questions: "Consequences of Credit Card Default" and "Collections Agencies, Collections Laws and Your State's Statute of Limitations." The first article I mentioned discusses credit card debt. For the most part, all unsecured consumer debt is treated the same under the law. Next, I recommend you review your rights under the Fair Debt Collection Practices Act. Finally, I recommend you study the Bills.com article "Debt Negotiation and Settlement Advice"

Need Help! I owe for a student loan. Shortly after becoming a nurse I was disabled from an injury. After years of trying to "work through" my disability, I finally began collecting social security/disability. I submitted a physician statement and application to the Federal loan collector in attempt to have my loan discharged. This first application was denied and I was told that just because Social Security has deemed me disabled, that does NOT mean that THEY consider me disabled. I was allowed to submit another application for discharge with more detailed information/documentation regarding my disability...and I didn't hear a thing for nearly a year. NOW, I am suddenly getting collection letters again, attempting to collect my student loan, and threats to garnish my social security benefits...I hired an attorney to PROVE to Social Security that I was indeed unable to work...is this what I am going to have to do to satisfy the student loan collection company? I am so frustrated - and these people are HORRIBLE to speak with, very rude, cold and don't care a BIT! Is there a type of attorney out there who works on these sorts of cases? Thanks...in advance!

See Repaying Student Loans Held by the U.S. Department of Education and Common Disputes Involving Defaulted Student Loans to learn more about the rules surrounding collections on federal student loans. Unfortunately, there is no state or federal requirement that collection agents or student loan telephone representatives treat customers with courtesy. Regarding your question, I suggest you contact the state bar association in your state and ask if it has a list of attorneys who specialize in consumer law.

I got behind on a credit card when I was not checking my statement and had auto payments, I had not realized the intrest rate had gone up and 2 late charges. I arranged payments with the first person who called but this company says they have no record of that agreement, as it was with the other department and are calling 2X day, They say they have no way to stop the calls. What the heck??

Take up the matter with a supervisor. It is curious that the first representative did not make a record of your conversation in the creditor's computer system. What your story points out that any time a customer makes an alternative payment plan with a creditor, get the agreement in writing.