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 restrictions on the manner in which they can pursue you for money, however, they can take legal action against you.
Written by Sean Pyles Senior Writer | Personal finance, debt Sean Pyles leads podcasting at NerdWallet as the host and producer of NerdWallet's "Smart Money" podcast. The show "Smart Money" Sean talks with Nerds on 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 that can help consumers better in their finances. In addition to answering listeners' financial questions on "Smart Money," Sean also interviews guests outside of NerdWallet and also creates special segments that explore subjects such as the racial wealth gap, how to start investing, and the history of student loans.
Before Sean took over podcasting for NerdWallet the company, he also wrote about topics that dealt with consumer debt. His work has appeared on USA Today, The New York Times and other publications. When when he's not writing about personal finances, Sean can be found working in his garden, going for runs and taking his dog on long walks. He is based in Ocean Shores, Washington.





Mar 24 2022


Editor: Kathy Hinson Lead Assigning Editor Personal financial, credit scoring, managing money and debt Kathy Hinson leads the core personal finance team at NerdWallet. Prior to joining NerdWallet, she worked for 18 years working at The Oregonian in Portland in roles including copy desk chief and team editor and designer. Prior experience includes news and copy editing for various Southern California newspapers, including the Los Angeles Times. She received a bachelor's degree in mass communication and journalism at the University of Iowa.







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If you feel powerless when dealing with debt collectors know that their tactics are limited by the .
Here are five things thatthe people who take on a credit on behalf of a creditor, and five they can.
5 things debt collectors can't do
1. Go to work
In the context of the FDCPA it is against the law an individual to visit your workplace to collect payments. The law prohibits the publicizing of your debts, and showing up at your job to collect debts. This means that collectors of debt cannot contact the employees in person at your workplace.
However, a debt collector similar to an organization that deals with credit cards, may call you at work, though they can't reveal to your co-workers that they are debt collectors. If you request the debt collector to not contact you while at work, then by law, they must stop.
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2. Harass you
The harassment of a debt collector can come in a variety of forms:
Repeated calls.
Threats of violence.
Publicizing information about you.
Language that is abusive or vulgar.

All of these are illegal under the law on debt collection practices.
3. Arrest you for debt
It is not possible to be arrested to collect a debt to a debt collector.
However, if a debt collector sues you over the debt, and you don't appear in court, you could be dismissed by default and be ordered to pay. Then if you defy that or the court's orders, then that collector could seek an arrest warrant.
4. Pursue you for debt you don't owe
The industry of debt collection is plagued by inaccuracies. Incomplete or inaccurate documentation can cause a debt collector to pursue the wrong person for payment, or pursue the right person to pay a debt he or she already paid. This isn't a rare occurrence, but it's illegal.
If you doubt the amount of debt you're required to settle, begin by conducting a reviewing Your credit history. They can be obtained for free through .
Remember that collectors can contact their family or executor to discuss payment, but they are not able to misrepresent whether someone is obligated to settle the debt.
5. You can contact them at any time they'd like
Collectors of debt aren't allowed to call you prior to the time of 8 a.m. as well after nine p.m. You may also ask that a debt collector stop making calls or writing letters in pursuit of payment on the debt. The obligation to pay the debt remains, however.
>> LEARN:
5 things debt collectors can do
1. Pay off an unpaid debt
All debts that are unsecured, such as medical bills and credit cards are subject to a . After this date, the debt has been "expired" which means you cannot be sued for repayment. However, you are still owed it and debt collectors may continue to pursue payment for the financial obligations that were previously due.
2. Pressurize you
Although debt collectors aren't able to intimidate you or deceive you, they can apply pressure to collect payment. The pressure could include constant phone calls, frequent letters or discussions about filing an action to collect the debt -- so long as they remain within the limits by law.
3. Pay you in full for the credit
Debt collectors can as a last-ditch effort. The lawsuits usually lead to wage garnishment or bank levies, or both, as the majority of creditors don't show up in court and lose by default.
4. Sell your debt
A debt collector can sell debts it isn't in a position to collect, or sell the remainder in the event that only a partial repayment was received. Therefore, if one debt collector doesn't contact you anymore about the debt, don't be shocked if another one starts. If you do complete the payment in full, be sure you get the agreement in writing to be able to prove that you did so.
5. Talk about what you have to pay
Since debt collectors purchase debts for pennies on the dollar, they earn large profit margins if they can collect the amount originally due. This gives them more flexibility when negotiating payments from a consumer. You might be able in negotiating settlement of 25 percent or even 30% of what you originally owed. Again, get the agreement in writing, so you have proof the debt was deemed to be to be paid in full in the settlement amount 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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