What To Do If A Rude Payday Debt Collector Is Harassing You?
It is very important for you to understand that the US laws have provided certain legal rights to both debtors as well payday debt collectors. For example, when they give you a call and inquire about the debt you owe, you must admit it and tell them what you are doing to make the
repayment. However, if you are not sure whether you really owe the debts that the collector is talking about, you have the right to ask the caller to show documented proofs that you legally owe the debt. For example, if it is a very old debt, it is possible that the statute of limitations has expired already. If that is the case, you are legally not obligated to pay off those debts. In any case, you should never surrender your sanity to harassment. Even if you owe the debts, debt collection agents have no right to harass you in any manner. Following are some useful suggestions in the light of the Fair Debt Collection Practices Act on how to deal with a rude debt collector.
Determine If They Are Really Harassing You Or Trying To Be Rude
First of all, you must determine whether the payday debt collector is really being rude with you. It is possible that they are just asking about the debt payments repeatedly, which is irritating you. If they are not using any abusive words and are not giving threats of bodily harm or arrest or taking property and are just inquiring about the debt repayment, there is nothing offensive or harassing about it. Many times, borrowers are overstressed because of the huge amount of debts they owe and when someone calls them repeatedly about the repayment, it irritates them and they start considering it as harassment, which it is not.
You also need to note down which time of the day or night a payday debt collector is calling u. As per the laws, they can call you any time between 8 am and 9 pm. They even have the right to give you repeated calls the same day. If they are giving you calls very early in the morning or late at night, this is harassment. This is something you should never tolerate. Likewise, if they are trying to contact you at your workplace, there is nothing wrong about it. But, if they are discussing your debts and other personal information with a third party, whether at workplace or any other place. Likewise, they have no right to use abusive words or to give threats of bodily harm or to make false claims that they will get u arrested for not paying back the debt.
Request Them In Writing To Stop Doing That
Once you determine that the payday debt collector in question is harassing you and are violating the laws as explained under the fair Debt Collection Practices Act, the first thing you have to do is to request them to stop such activities. However, just verbal request here is not enough; you will have to send your request in writing. Do not forget to keep a copy to yourself for future reference. If they still continue with their unfair activities and keep on harassing you, you can use this copy as a proof and file an official complaint against them. In fact, in cases, where they are causing extreme physical or mental abuse, you can even consider filing a criminal lawsuit against them. It is very important for you to understand that a payday loan company or debt collection agency cannot bring criminal charges against you because of nonpayment of payday debts, but you have the right to file criminal lawsuits against your lenders or debt collectors if they are causing harassments for you.
Once you make a written request to payday debt collector to stop contacting you for debt payments, it becomes legally mandatory for them to stop all their collection efforts that require them to contact you either through phone calls or emails or letters. However, they still have the right to send genuine legal notices to you, such as when they file a civil lawsuit against you. Make sure you respond to all such notices immediately. You can avoid those civil lawsuits by showing your willingness to make the repayment provided the debt collectors agree to modify the repayment terms in your favor so that things could be affordable to you.