Collection agencies are notorious for engaging in illegal practices when attempting to collect debts. They especially like to take advantage of low income or non-English speaking debtors. However, you don't have to be a victim of their tactics, if you know your federally protected rights.

Some debt collectors have used fake legal documents and impersonated sheriffs. They threaten to take personal property if you don't pay them immediately. Others use profane or vulgar language to intimidate you. They might even harass your parents or adult children in their efforts to coerce you to pay. You are legally protected from these and other abusive tactics under the Fair Debt Collections Practices Act (FDCPA). Here is a summary of your rights:

Harassment or Abuse

A collection agent cannot use or threaten to use violence against you, your property, or another member of your family. They are also prohibited from calling you repeatedly, not identifying themselves, listing you on a "deadbeat" list, or listing your property for sale.

Communication with You

Collection agents are only allowed to contact you during the hours of 8am and 9pm, unless they know those hours are not convenient to you. They cannot contact you at work if your boss doesn't allow it. They must cease all contact with you at your request, unless to report your case has either been settled or they are filing suit.

Communication with Third Parties

A collection agent cannot contact others about your case, except to locate you, with few exceptions. When doing so they must only identify themselves and ask where you are. They cannot give their employer's name unless asked, tell others about your debt, or contact the person again unless they either give permission or the agent has reason to believe they gave false or incomplete information.

Collectors are allowed to contact your attorney, if you have one. In fact, they must only speak with your attorney if you have retained one, unless you explicitly tell them otherwise or your attorney is non-responsive. They are also allowed to contact your spouse, or parents if you are a minor, under the same conditions, unless you have indicated in writing not to.

Misleading or False Representation

Collection agents are not allowed to pretend to be a law enforcement officer, government official, or any other entity in their attempts to get your cooperation. They also cannot falsely represent the amount you owe, the legal status of your debt, or threaten legal action they do not actually intend to take. Sending you documentation intended to appear it's from a lawyer is also prohibited.

Unfair Practices

Unfair or outrageous tactics cannot be used to collect your debt. Specifically, a debt collector cannot add interest or fees to the original debt, request a postdated check with the intention of threatening you with criminal prosecution, deposit a postdated check prior to the date on the check without warning, or cause you to incur further charges due to their collection efforts.

Your Recourse

If you have been victim of any of these types of harassment or abuse, you need to complain to the original creditor, the Federal Trade Commission, and your state attorney general.

You can sue a collection agency for harassment and for violation of the FDCPA. You could be entitled to actual damages, plus pain and suffering. The collector could also be assessed punitive damages for especially egregious offenses. It will most likely require both a witness and documentation of ongoing abusive behavior for you to win your case.