Debt collectors can drive you nuts. And that's what they are actually trying to do too, but more about that in a minute.

Today is day two of the National Consumer Protection Week. Yesterday we talked about the latest car dealer scam, the presumptive close. Today let's talk about debt collector harassment and how to stop it.

Each year the Federal Trade Commission looks at all the complaints they get from consumers in the prior year and counts them up to see what people are complaining about the most. You might think it was the Wall Street bankers who stole all our retirement money, right? You'd be wrong. That is just so 2009.

This year Debt Collectors took First Place as the top consumer complaint category for 2012.

Debt collector harassment has turned into a rampant, no holds barred industry in the US. Threats to put you in jail, to take your kids, to tell all your neighbors that you owe money, and some things much worse - all of it happens every day. And all of it is illegal.

Why do they do it? Because intimidation works. They frighten people into paying and that's the name of their game.

To get a sample of some of it, go to this YouTube video of an ABC News show and you can listen to some of the harassment and see what we mean. It's rough out there, folks.

Good people can hit hard times and have to deal with debt collectors calling. And many debt collectors (well, okay, maybe not many) are reasonable and fair and just trying to do their job and are reasonable and courteous. But then there are the ones who call you at all hours of the night, leave nasty notes on your front door, call your elderly parents or your neighbors, etc, etc.

So how do you stop it? Know your rights and when they cross the line, do something about it. But don't just get even. Get a lawyer and get some Justice too.

First, your rights. You have the legal right to be treated fairly and with civility by a debt collector. And there are some specific things that a debt collector is forbidden from doing.

They can't call you before 8 in the morning or after 9 at night. They can't call you at work if your employe doesn't all it either - but you have to tell them that first, so they know it.

They can't curse you. They can't insult you or demand that you pay more than is actually owed. They can't lie and they can't say they will take your kids away if you don't pay them. And, yes, they can't threaten to put you in jail if you don't pay either.

The last notice you get from a debt collector is this

You can stop a debt collector from harassing you by just sending them a letter and telling them to stop. Once they get it, they can't contact you again, except to tell you that they are going to sue you over the debt. But be forewarned - stopping the phone calls does not erase the debt if the money is legitimately owed.

If you have an attorney, once you tell them that, then the debt collector is not allowed to contact you again - they have to deal with your attorney.

And if you don't owe the debt, write a letter to the debt collector within 30 days after you get their written notice of the debt and tell them you don't owe it or to send you proof of the debt. Then they have to either do it or leave you alone.

There are lots of other questions you may have about illegal debt collection and you can click on this web page to read more.

And if the debt collector violates the law anyway? Well, you can file a complaint with the Federal Trade Commission and hire a lawyer to sue them back because if they violate the law, then they can owe you $1,000 plus have to pay your attorney fees, just for that. Call your local attorney's bar association and ask for a referral to a "credit rights" or "debt collection defense" lawyer or check for one at Avvo.com

Getting a lawyer on your side is a great way to teach debt collectors a lesson too.

There's been a lot in the news lately about debt collectors who call and harass consumers and lie about being police officers, court officers, threatening garnishments and a lot worse. Most people just don't know what their rights really are. Here's a short video that tells you what your rights are when it comes to dealing with debt collectors who harrass you. If they violate the law, just remember that you've got rights and we can help you enforce them. It's part of what we do. Everyday.




Burdge Law Office
http://www.daytonbankruptcylaw.com/
Helping consumers start over with credit. Since 1978.
http://www.cintibanktruptcylaw.com/

Complaints about debt collectors are higher than any other type of complaint to the Federal Trade Commission, having increased higher in each of the last 6 years. It's a sign of the times.

As the economy tightens, credit card companies, banks, suppliers and companies of all types are fighting to collect on bills that they once might have written off. ANd their tactics are getting worse, even when the debt is not really owed at all.

And more often than ever the collection effort involves "old debt" that in many cases is legally barred from any collection at all (sometimes called zombie debt by lawyers who sue debt collectors). In other cases the debts being sued on are for claims that were dismissed before or already resolved but the "crumbs" of its existence in computer records are being bought up by third party debt buyers along with other legitimate debt.

These companies are called "bottom feeders" and usually pay pennies (or less) on the dollar to buy the debt or the chance to collect on the debt. Cash-strapped companies that have written the debt off long ago, on the other hand, see a chance to create income out of nothing so they have every incentive to brush the dust off old uncollectable accounts that they themselves have already closed out, given up, sued on, compromised, or written off.

It isn't unusual anymore to get debt collector calls (they rarely use ordinary dunning letters anymore) trying to collect on bills that are ten to fifteen years old and which, in many cases, the consumer settled with the merchant years earlier. The problem is the merchant may have written off the unpaid balance and it is that unpaid balance that is now showing up in the hands of bottom feeder debt collectors, who aren't shy about their aggressive collection tactics.

There are laws to control crazy debt collectors but many consumes don't know about them. They limit phone calls, for instance, to only a certain time frame in the day. They also ban threats and harassment, but that doesn't always stop it from happening.

For more on what your credit rights are if you're being harassed, check out www.OhioFairCredit.com. There you'll find explanations of

• Repo Rights
• Fair Debt Collection Rights
• Fair Debt Collection FAQs
• Fair Credit Record Rights
• Has Your Credit Application Been Turned Down?
• Credit Report FAQs
• Your Consumer Credit Rights

If they call and you don't owe it, you can stop the calls. Keeping debt collectors fair and honest is what the Fair Credit laws are all about.