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by Jason L. Montgomery

What protection do you have against unfair debt collection practices? Both state and federal laws exist for your protection, but not all debt collection agencies play by the rules.

Did you know there are restrictions to the hours you can be contacted by a collection agent? Debt collectors are not allowed to threaten you, or harass you in any way. In addition, there are strong limits as to who a collector can speak with regarding any alleged debt.

What can you do about these collection calls? It’s easiest to suggest that you stop answering the phone. If you have caller ID you can better screen your calls, but many of us do not have this convenience.

If you do talk to the collection agency on the phone you may be tempted to record the conversation. Understand that there are laws associated with recording telephone conversations, known as wire-tapping. You are legally required to inform them at the start of the conversation that the call is being taped.

Some collection agents use tactics that are consider inappropriate, and may be against the low. They cannot use profanity in the call. Take detailed notes of any calls you receive, including the time and date of the call.

In addition to language, timing of the call, and identification of who is calling, the collection agency cannot tell you that you have committed any crime, or imply that you could be arrested.

Collection agencies think they can get away with this harassing behavior and intimidate you into paying the debt. This behavior is a violation of the law, and each count can be noted in a lawsuit against the agency.

Bad debts happen. Sometimes it is through the poor spending habits of those who do not wish to repay those debts. Many times we find honest, hard working people in an unfortunate situation. No matter what reason for the bad debt, there is no excuse for any collection agency to use unfair practices.

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