What is Creditor Harassment?

Blog originally published on August 1, 2016. Updated on July 18, 2022.

The phone rings for the fifth time that morning and you cringe as you glance at the caller ID. It’s a debt collector again, and although you’ve already told this agency that you are taking steps to repay your debt, they keep calling to annoy and berate you. It seems like a fresh start is out of reach and there's no way to make them stop calling.

This is creditor harassment, and it’s against the law. Under the Fair Debt Collection Practices Act (FDCPA), a federal law enforced by the Federal Trade Commission United States government agency, debt collection representatives such as collection agencies are prohibited from using certain unfair or abusive behaviors in an attempt to collect a debt.

Whether you're in debt from loans, medical bills, or even utility bills, there are strategies and legal resources to protect consumers from the abusive tactics a debt collector may try.

Forms of Harassment from Debt Collectors & Creditors

Abusive debt collection practices are unfortunately common. Behaviors that are considered creditor harassment and are prohibited by the FDCPA include:

  • Calling before 8AM or after 9PM without your permission

  • Calling you at work, even though you have told them you are not allowed to take calls on the clock

  • Not telling you who they are, false or misleading representations such as falsely claiming to be an attorney, or being deceptive about why they’re calling

  • Using obscene or profane language

  • Threatening you with violence or harm

  • Making false threats or threatening to take actions that are not legally enforceable, such as claiming they will have you arrested

How Can I Stop Creditor Harassment?

If you want to stop debt collection harassment and constant phone calls, there are a few ways to go about it. First, keep written or audio records of your interactions with the debt collector or anyone else from the debt collection agency. Keep a log of when they call, to whom you are speaking, and any type of harassing behaviors you encounter.

Also, maintain a file of any letters or emails you receive from abusive debt collectors. You can send a cease and desist letter to the collector, which is a written request telling them to stop contacting you. Be sure to keep a copy of the letter and send it via certified mail with a return receipt request so you have proof that the agency received the letter. If the debt collector harassment continues, you have the right to take legal action and sue them.

For Fair Debt Collection Practices, Choose Same Day Process

Questions? Contact Same Day Process today! From skip tracing to social media investigations, we are the leading process servers in Maryland. 

 

What Job Functions Does a Process Server Perform?

Have you ever wondered what a process server does? You’ve probably seen movies or TV shows where someone approaches the main character and hands them an envelope and says, “You’ve been served!” Then the character is required...

3 Tips For Choosing The Best Process Server

In the fifth and sixth amendments of the constitution of the United States of America, every citizen holds the right to be informed of being summoned. The messenger system intended to notify persons concerning legal issues privy to them is the...

Can A Process Server Trespass?

Process servers sometimes find themselves in trouble while doing their job. Their most common predicament is trespassing. Many people that are being served often call the police to report that the server is trespassing their private property....

3 Facts About Social Media Investigations

Investigating a person is so different to do now than it was 20 years ago. With the rise of social media and its extensive use by well, everyone, it is a tool that can be used to learn more about people. Users publicly put out information to share...

Can You Refuse Served Papers?

Process serving falls into the legal system under the due process of law, which states that an accused individual has the right to know what legal actions he or she is facing with enough time to build a defense case. The server will...

What Does it Mean to be a Certified Process Server?

While few Americans understand the full role of a process server, they are an important part of America’s Constitutional guarantees. The early function of many local sheriffs was to notify citizens they were involved in a specific legal case....

Serving Documents in Small Claims Court

Small claims court cases are different from other cases because they are limited amount to certain amounts in the claim, usually $5,000. Also, certain kinds of cases like medical malpractice suits are not allowed there. Small claims...

5 Tips For An Effective Social Media Investigation

Social media is an information goldmine for individuals and businesses. Social media investigation is a valuable modern tool for skip tracing, vetting and reference checks, and civil law investigations. Five Tips for Effective Social Media...

Process Serving Via Social Media- Is This Possible?

We currently live in a society that is consistently progressing in every way imaginable. It is quite amazing to see how far we have come in regards to the technology that we use on a daily basis. Social media platforms have become widely popular...

How Do You Become A Process Server?

If you want to become a process server in the United States, the rules you will have to follow will depend on your state of residence. In the vast majority of states, the main requirement is that you must be 18 years of age or older and you cannot...

Beware Of Bogus Process Servers

You Are Smarter Than Any Scammer Unfortunately, in today's society, there are scams for everything under the sun. There is not a week that goes by for most consumers when they are not confronted by someone assuming the guise of a legitimate...

What Should I Know Before I Hire A Process Server?

A Process Server is a particular individual who takes the responsibilities of giving legal notice to a party through delivering relevant court documents presented by the tribunal. If you have a case in the court, you will need the process server to...
Page: 123456 - All