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5 Things Debt Collectors Can't do -- but 5 Things Debt Collectors 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 take legal action against you.
by Sean Pyles Senior Writer | Personal finances and credit, and personal finance Sean Pyles leads podcasting at NerdWallet as the producer and host of NerdWallet's "Smart Money" podcast. On "Smart Money," Sean talks with Nerds from the NerdWallet Content team to answer the questions of listeners about their personal finances. With a particular focus on sensible and practical advice on money, Sean provides real-world guidance that will help consumers improve the financial situation of their lives. Beyond answering listeners' money concerns on "Smart Money," Sean also interviews guests who are not part of NerdWallet and produces special segments that explore subjects such as the racial wealth gap, how to start investing and the background of student loans.
Before Sean was the host of podcasting for NerdWallet the company, he also wrote about topics concerning consumer debt. His work has appeared throughout the media including USA Today, The New York Times and other publications. When Sean isn't writing about personal finance, Sean can be found digging around his garden, going on walks, or taking his dog for long walks. He lives at Ocean Shores, Washington.





Mar 24 2022


Editor: Kathy Hinson Lead Assigning Editor Personal finances, 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 editor and designer. Previous experience included news and copy editing at various Southern California newspapers, including the Los Angeles Times. She earned a bachelor's degree in mass communications and journalism in The University of Iowa.







A majority of the products we feature are provided by our partners who pay us. This influences which products we review as well as the place and way the product appears on a page. However, this does not influence our opinions. Our opinions are our own. Here's a list of and .



If you feel powerless when dealing with debt collectors, be aware that their strategies are limited by the .
Here are five things -people who are attempting to are able to collect debt on behalf of another creditor and five they should.
5 things debt collectors can't do
1. Visit your workplace
According to the FDCPA, it's illegal for anyone to show up at your workplace to collect payment. The law prohibits the publicizing of your debts and bringing up at your job to collect debts. This means that collectors of debt cannot contact the employees in person at your workplace.
But, a debt collector as well as a credit card company, might call you while at work, though they aren't able to tell your colleagues that they are debt collectors. If you request the debt collector not to call you at work, by law they must stop.
Ready to conquer your debt?
Monitor your balances and spend in one place to see how you can get rid of the debt.






2. Harass you
Harassment from debt collectors can occur in many forms:
Calls repeatedly.
Threats of violence.
Publicizing information about you.
Obscene or abusive language.

All of these are illegal under the act on debt collection practices.
3. Arrest you for debt
You can't be arrested to collect a debt to a debt collector.
If a debt collector pursues you for debt and you fail to attend court, you may lose the case by default and then be ordered to pay. Then if you defy that judge's order, that collector may seek to obtain an arrest warrant.
4. Pursue you for debt you don't owe
The industry of debt collection is rife with inaccuracies. Incorrect or incomplete documentation could lead a debt collector to seek out the wrong person to payment, or pursue the right person for the debt that they have already paid. This issue isn't uncommon, but it's illegal.
If you're unsure of the legitimacy of a debt you're asked to settle, begin by conducting a an examination of Your credit history. You can get them for free through .
Keep in mind that , collectors can contact their family or executor to discuss repayment, but they cannot lie about whether someone is legally bound to pay those debts.
5. Contact them anytime they need
The debt collectors are not allowed to contact you after the time of 8 a.m. as well after 9 p.m. You may also ask that a debt collector stop making calls or writing letters in pursuit of payment for the debt. The 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 unsecured debts, like credit cards and medical bills have an expiration date . At the time of this date, the debt becomes "expired" and you cannot be sued to recover the debt. However, you are still owed it and debt collectors may continue to pursue payment for the old financial obligations.
2. You can't let it go.
While debt collectors cannot threaten you or mislead you, they may make use of pressure to collect payments. The method of pressure may include regular calls, frequent letters, or talk about pursuing a lawsuit for payment on the debt -- so it is within the bounds by law.
3. Sue you for payment on an outstanding due
The debt collector can be an last resort. These lawsuits often lead to wage garnishment or bank levies, or both, because most creditors don't show up in the court, and they lose because of default.
4. Sell your debt
A debt collector could sell debts it isn't able to collect on and also sell the remaining balance if only partial payments were made. Therefore, if one debt collector doesn't contact you anymore about the debt, don't be surprised if another starts. If you decide to pay off a debt in full, be sure you have the contract in writing to be able to prove that you did so.
5. Talk about the amount you are owed
Because debt collectors buy debts for pennies per dollar, they earn huge profit margins, if they can collect the amount originally owed. This gives them greater flexibility in negotiating payment from a consumer. You may be able to negotiate a settlement that is 25 percent or 30 percent of what you originally were owed. Again, get the agreement in writing so you can prove that the debt was considered to be paid in full in the amount of the settlement agreed-upon.
>> MORE:



Author bios: 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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