2 years, 11 months ago
Can a debt collector threaten you with a lawsuit?
What rights do you have against being harassed by a debt collector?
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M$1 Answer
A collection agency can file a lawsuit to collect a debt. However, among the many things a collector is not allowed to do is threaten you with a lawsuit just to get you to pay the debt.
Even if you owe a debt, a collector owes you fair treatment and respect for your privacy. Also, be aware that even if the collector's conduct does not exactly match the language of the federal Fair Debt Collection Practices Act, that collector may still be liable for its conduct
Under the federal FDCPA, a collector is not allowed to make idle threats, express or implied (for example, "We must get your payment no later than the day after tomorrow"), or use abusive or profane language. A collector should not discuss your account with third parties or use the phone to harass you. Your state may also have a law that sets standards for debt collectors .
The full text of the FDCPA is found at www.ftc.gov/os/statutes/fdcpa/fdcpact.htm.
Even if you owe a debt, a collector owes you fair treatment and respect for your privacy. Also, be aware that even if the collector's conduct does not exactly match the language of the federal Fair Debt Collection Practices Act, that collector may still be liable for its conduct
Under the federal FDCPA, a collector is not allowed to make idle threats, express or implied (for example, "We must get your payment no later than the day after tomorrow"), or use abusive or profane language. A collector should not discuss your account with third parties or use the phone to harass you. Your state may also have a law that sets standards for debt collectors .
The full text of the FDCPA is found at www.ftc.gov/os/statutes/fdcpa/fdcpact.htm.
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$
The FDCPA is a federal law that regulates debt collectors in their attempt to collect consumer debt. There are also state collection law and regulations.
In Connecticut a collection agency is not not allowed to threaten suit!
Connecticut State Statute Regulating Debt Collection
Sec. 36a-805. Prohibited practices.
(a) No consumer collection agency shall:
(1) Furnish legal advice or perform legal services or represent that it is competent to do so, or institute judicial proceedings on behalf of others,
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Where can I find the US code governing debt collectors?