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5 Things Debt Collectors Can't do -- but 5 Things Debt Collectors Can

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5 Things Debt Collections Aren't Able to Do -- and 5 They Can
Debt collectors have restrictions on how they can pursue you to collect money, however they can sue you.
Written by Sean Pyles Senior Writer | Personal financial, credit, and personal finance Sean Pyles leads podcasting at NerdWallet as the host and producer of the NerdWallet's "Smart Money" podcast. The show "Smart Money" Sean talks with Nerds across the NerdWallet Content team to answer the listeners' questions about personal finance. With a particular focus on sensible and actionable money advice, Sean provides real-world guidance to help people improve the financial situation of their lives. In addition to answering listeners' financial concerns on "Smart Money" Sean also interviews guests outside of NerdWallet and also creates special segments on topics like the racial wealth gap, how to start investing, and the history for student loans.
Before Sean was the host of podcasting at NerdWallet, he covered topics concerning consumer debt. His work has appeared in USA Today, The New York Times and other publications. When he's not writing about personal finances, Sean can be found digging around his garden, going for walks, or walking his dog for long walks. He is based at Ocean Shores, Washington.





Mar 24, 2022


Written by Kathy Hinson Lead Assigning Editor Personal finance, credit scoring, financial management and debt Kathy Hinson leads the core personal finance team at NerdWallet. In the past, she worked for 18 years working at The Oregonian in Portland in positions such as copy desk chief and team director of design and editing. Prior experience includes copy and news editing for various Southern California newspapers, including the Los Angeles Times. She received a bachelor's degree in mass communications and journalism from the University of Iowa.







A majority of the items featured on this page are from our partners who compensate us. This affects the products we review and the location and manner in which the product is featured on a page. However, this does not influence our opinions. Our views are our own. Here's a list and .



If you are feeling helpless dealing with debt collectors know that their tactics are limited by the .
There are five thingspeople who are attempting to are able to collect debt on behalf of a creditor and five they should.
5 things that debt collectors shouldn't do
1. Come to your workplace
According to the FDCPA, it's illegal for an individual to visit your work place to collect payment. The law prohibits the publicizing of your debts and bringing in your workplace to collect debts. That means that creditors are not able to harass you in-person at your work.
However, a debt collection agency similar to a credit card company, might call you while at work, though they're not able to inform the other employees that they're debt collectors. If you ask the debt collector to not contact you while at work, then by law, they are required to stop.
Are you ready to take on your debt?
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2. Harass you
Harassment by a debt collector can come in a variety of forms:
Calls repeatedly.
Violence threats.
Information about your publication.
Language that is abusive or vulgar.

All of them are unlawful under the law on debt collection practices.
3. Arrest you for debt
You can't be arrested to collect a debt to the debt collector.
However, if a debt collector seeks to sue you for debt and you fail to show up in 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 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 the debt that they have already paid. This issue isn't uncommon however it is illegal.
If you doubt the amount of debt you're required to pay, start with reviewing the credit report. They can be obtained at no cost by .
Keep in mind that , collectors may contact family members or executor to discuss repayment, but they cannot lie about whether someone is legally bound to pay those debts.
5. Call you whenever they want
Debt collectors can't call you after eight a.m. and at any time after 9 p.m. You can also request that debt collectors stop calling or writing in pursuit of payment on the debt. Your obligation to pay for the amount owed is not over, 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 medical bills or credit cards have a . The date after which the debt is "expired" meaning that you can't be sued for payment. But , you're still owed, and debt collectors can continue to pursue payment for the financial obligations that were previously due.
2. Pressurize you
Although debt collectors aren't able to make threats or lie to them, they are able to use pressure to get payment. This pressure can include daily calls, letters that are frequently sent, or even discussions about pursuing an action to collect the debt, as long as they stay within the limits that the law allows.
3. Sue you for payment on the due
Debt collectors are often a last-ditch effort. The lawsuits usually result in wage garnishment, bank levies or both, because most creditors don't show up in court and lose by default.
4. Sell your debt
A debt collector could be able to sell debt it was not successful in collecting, or sell the remainder if only partial repayment was received. So if one debt collector ceases to contact you regarding a debt, don't be shocked if another one starts. If you decide to make a payment on a debt in full, be sure you get the contract in writing to prove that you did so.
5. Talk about the amount you owe
Because debt collectors purchase debts for pennies on the dollar, they have fairly large profit margins if they are able to collect the initial amount owed. This gives them greater flexibility when negotiating payments from a consumer. It is possible in negotiating settlement that is 25% or 30% of the amount you were originally due. Again, get the agreement in writing, so you have proof the debt was fully paid 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 on The New York Times, USA Today and elsewhere.







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