Every creditor has the right to pursue the money they’re owed, and many can be extremely persistent. Some might threaten to file criminal charges or call several times throughout the day, which can rise to the level of harassment. Fortunately, both state and federal laws place strict limitations on what collection agencies are allowed to do, giving creditors legal recourse if their rights have been violated.

What Collection Agencies Are Not Allowed to Do

1. Take Criminal Action

In the United States, defaulting on a debt is not a criminal offense, no matter what a collection agent says. Threatening to have a debtor arrested is illegal, as are other common intimidation tactics intended to compel a payment through fear. If the creditor intends to garnish your wages or have property seized, they will have to pursue and win a civil court judgment.

2. Publicize Your Debts

The Fair Debt Collection Practices Act also makes it illegal for collection agencies to make your debts public. This includes talking to anyone besides you, your spouse, or your attorney about your finances, showing up at your place of employment, or sending collection notices on a postcard. However, they are permitted to contact third parties, although they may not ask for your address or talk to those individuals more than once.

3. Call Repeatedly

Aggressive attempts to collect on a debt can quickly cross the line into harassment if the collection agency calls several times a day. They also are not allowed to call before 8 a.m. or after 9 p.m., unless you’ve given your express permission. If you’re being subjected to creditor harassment, keep your call records or maintain your own logs detailing each time the collection agent tried to contact you.

Drowning in debt can be extraordinarily stressful, but a skilled attorney can protect your rights and help you find the relief you need. Since 1991, Arndt Buswell & Thorn S.C. has helped clients throughout western and central Wisconsin navigate the complexities of divorce law and protect themselves from collection harassment. Visit their website for an overview of their comprehensive legal services. To schedule a consultation, call (608) 269-1200 for Sparta or (608) 486-2324 for their Bangor location.