If you've fallen into debt, you might fear a debt collector will show up at your workplace and embarrass you in front of your coworkers. This could affect your job or chances of promotion. Dealing with a debt collector may prove challenging, but the Fair Debt Collection Practices Act imposes limits on what a debt collector can do.
Debt Collector Rights
A debt collector can find out where you work. She can also contact your employer to find out more information about you, such as where you live and your home phone number, if she is having difficulty finding you. The debt collector can call you at work unless you tell her not to, and she could show up in person, although this is less likely. If you don't cooperate with the debt collector, she can sue you. If she wins, she could have your wages garnished, meaning your employer withholds a portion of your earnings to pay the debt. To do so, she must contact the human rights department at your workplace.
What Debt Collectors Can't Do
Debt collectors cannot call you at work if you have told them you're not allowed to receive calls on the job. They cannot harass your employer. They cannot pretend they're someone else in an attempt to gain more information about you, either. Additionally, they cannot claim they can take particular actions against you unless legally allowed to do so. They cannot claim you will be arrested or give you false court or government documents. Furthermore, they cannot give other people false information about you. You can write a letter to the agency telling it that collectors must stop contacting you, and by law they have to stop, except to inform you in writing of what legal action they will take. You can also write a letter to the agency prior to receiving any contact at work, letting collectors know you are not allowed to have any contact from them at work. This will help to keep your professional reputation safe, and you can take legal recourse if the collector ignores your letter.
Taking Recourse
Keep a copy of the letter you send to the debt collector and any communications from yourself or the agency. If you feel a debt collector has illegally harassed you, you have the right to sue the debt collector for one year after the illegal action took place. Contact your state attorney general to find out your rights in your state. Also, report the problem to the Federal Trade Commission.
Working with Debt Collectors
Cooperating with debt collectors may keep them from harassing you. Keep conversations brief and to-the-point, so you don't provide information that can harm you. Tell the debt collector you will review your finances and call back later in the month. Stick with that promise, negotiating a payment schedule that you can follow. If you know the debt isn't yours and believe someone else used your identity to gain credit, contact a lawyer and explain this to the debt collector. If you seek help to resolve your credit, contact an agency that belongs to the National Foundation for Consumer Credit.
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