Credit Problems? Dealing with Creditors who Harass you

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By 2besure

Did you know that you can sue creditors and credit bureau agencies for violations of the Fair Debt Collection Act? There are simply some things that are not allowed by law, that happens all the time.

Have you ever heard of a creditor calling family members, your job or friends telling them you owe money? Have you had a creditor threaten you or call you at all hours of the day and night? Well this is harassment and illegal according to the Fair Debt Collection Act.

Wouldn’t you just love to take back control of your live and sue abusive credit collectors? Then you can use the money  they have to pay you, to pay off your debts!


Abuse within Debt Collection Agencies

The problem begins with ruthless, cruel and abusive people; try to collect this debt at any cost. I have heard of people to sell their jewelry, or their car to pay their debts.

These debt collectors will try to intimidate you and cause you much heart, as they will get paid a percentage of what you pay the company.

Many creditors hire debt collectors to try to collect on debt own them. It is not a problem to receive a call from a creditor to try to set up a payment schedule with you or to find out when and if you will be able to pay off your debt.

How to Write a Cease and Desist Letter

You can Sue a Credit Bureau for:

Though most credit bureaus try to work in your behalf, they are not exempt from breaching FCRA laws. Here are some $1,000 offenses you can sue the credit bureau for.

  1. Re-posting Debt: The Credit Bureaus can not put back on your credit report and item that is removed unless you are notified in writing within 5 days.
  2. Failure to Correct: The Credit Bureau if they fail to correct and item on your credit report after giving them written proof to the contrary. The charge for this is defaming your character and willful injury. The courts will determine the judgment to be paid.
  3. Failure to Respond: Credit bureau must contact you withing 30 days of a dispute. They are however allowed a 15 day extension.
  4. Re-Aging Debt: A Credit bureau and not re-age you debt in order to keep negative items on your credit.


You can Sue a Creditor for:

  1. Harassment: According to FDCPA, you can take a creditor court for harassment. Harassment would include constant calling after being told to stop, threatening with physical financial retaliation. If found guilty the judgment against them is a whopping $1,000.
  2. Injury to your credit history: Debt collection agencies can not pull your credit report without permission. If you discover on you credit report that someone has pulled your credit report without written permission.
  3. Failure to report a dispute: If you dispute a debt with a creditor and they fail to notify the Credit Bureau according to FCRA Section 623 you can sue and if found guilty receive $1000
  4. Harassment: You can sue a collection agency, if they call you after 9:00 PM and before 8:00 AM. The fine to be paid to you, is $1,000.
  5. Defamation: Debt collection agencies are not allowed to call your friend or family about your debt this is in violation of the FCRA. The fine is $1.000.
  6. Threats: Debt collectors can not threaten you with wage garnishment, arrest or seizing your personal property. If found guilty the credit agency must pay you $1,000.
  7. Cashing a Post-Dated Check: It is illegal for collection companies to cash a post dated check before the date on the check. The fine is $1.000.
  8. Re-Aging Debt: A debt collection agency can not re-age you debt for the purpose of keeping it on your credit report for a longer period of time. The fine is $1.000.


Comments

Sinea Pies profile image

Sinea Pies Level 6 Commenter 14 months ago

Oh how I wish we'd known this a few years ago. There is a female debt collector who used to harass our family terribly. She was horrible! I trust that we won't ever be back in that boat again but I think I will save this hub, just in case. She needs to change her ways.

GmaGoldie profile image

GmaGoldie Level 7 Commenter 20 months ago

Critical information for critical times. Excellent information. Thank you! Rated it up! Very useful information.

SistasExpress profile image

SistasExpress 20 months ago

This is a very informative article. Thank you for the information it helps.

habee profile image

habee Level 7 Commenter 21 months ago

This is fantastic information! Rated it way up!!

multimastery profile image

multimastery 21 months ago

Very much-needed information! People really need to know their rights against the credit collection process. Did you hear the story about how that guy Craig Cunningham beat creditors at their own game?

If not check it out! http://tinyurl.com/yav52zr

Diva 21 months ago

I will never forget

BkCreative profile image

BkCreative Level 6 Commenter 21 months ago

This is certainly good information to know. In New York State there was a horrible epidemic of these rogue debt collectors harassing people until our Attorney General took action and rightly so. I'd like to encourage people to know their rights and above all not to be intimidated.

Thanks so much - I will bookmark this to share with friends. Rated up!

2besure profile image

2besure Hub Author 21 months ago

It is good to know creditors can't get away with harassment!

dreamreachout profile image

dreamreachout Level 2 Commenter 21 months ago

This hub will help us immensely!! Thanks so much!!

magnoliazz profile image

magnoliazz Level 2 Commenter 21 months ago

Great advice! thank you so much!

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