You're under enough stress when you're behind in paying your debts. The threat of a debt collector calling at all hours or working to embarrass you only adds to the stress. Debt collectors have one job: to collect money from you by any means possible. They can be ruthless in their methods. However, The Fair Debt Collection Practices Act protects consumers from overzealous debt collectors. The act covers such issues as whether a debt collector is allowed to call you at your place of employment.
When They Can Call
According to The Fair Debt Collection Practices Act, a debt collector is allowed to contact your employer by mail to verify that you work for the company, to get the company's street address or to garnish your wages. He may only call in the event your employer does not respond to his letter. If the debt is a medical bill, a collector may also contact your employer to find out whether you have medical coverage that will cover the debt. It's important to remember that no matter what a debt collector threatens, he cannot garnish your wages until he's sued you and been granted a judgment.
Calling You at Work
A collection agency can contact you by phone or mail at work. However, the moment you inform the debt collector that your employer prohibits such contact at work he must cease calling or writing.
Put It in Writing
Even if you told the agency by phone not to contact you at work, follow up with a letter and send it by by certified mail with return receipt requested. State in the letter that your employer does not allow such calls and that all contact, by phone or mail, must stop immediately unless he is contacting you to say that he is going to take a specific action in regard to the debt. Keep a copy of the letter for your records. The return receipt will serve as proof that your letter was received by the collection agency.
Privacy Issues
According to the law, a debt collector cannot discuss your debt with anyone but you. The only legitimate reason a debt collector has for contacting relatives, friends or neighbors is to try to find out where you work and live. Even then, he cannot talk about your debt. He cannot badger these people for information and should only call them once. If you have an attorney representing you in regard to your debt, the collector should contact your attorney directly.
Your Rights
If a collection agency continues to contact you at work once you've put it on notice or if the agency in anyway violates your rights under The Fair Debt Collection Practices Act, you have the right to sue the agency in state or federal court. Contact an attorney right away if you believe that your rights have been violated. Time is of the essence, as you have only one year from the date of violation to sue.
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