A debt collector cannot:
- Call you at work more than once.
- Call other people more than once to try to locate you.
- Tell anyone else that the collector is trying to collect a debt from you.
- Leave a message on an answering machine without saying that the collector is trying to collect a debt; he must leave his name and his company.
- Sue or even threaten to sue on a debt that you have not made a payment on for more than four years (CA – other states differ).
- Say or imply anything about arrest, going to jail, or the like.
- Threaten to sue you when the collector has no intention of doing so. This is usually proven by the collector giving a deadline that passes without filing suit.
- Threaten to garnish your wages without explaining that first the creditor must file suit and get a judgment.
- Say or imply anything about taking cars, furniture, or any other property and putting liens against your property.
- Sue you on the debt except a) where you live now or b) where you entered into the debt agreement.
- Embarrass you by saying things like: “You are a deadbeat; why don’t you pay your bills; you are a disgrace; why don’t you get rid of your spending spouse.” Things like that.
- Use profane or other abusive language.
- Shout, scream, or get angry with you.
- Give the impression that the caller or his company has some connection with the government, the courts, the police, etc.
- Try to collect the wrong amount: add small fees, for instance.
- Threaten to deposit a post-dated check, particularly when the collector knows you do not have the money to cover the check. Typical situation: “Give us a check to stop the calls and we will hold it.” The perfect response to this should be: “The check is in the mail.”
- Call you repeatedly. A call a week is OK. More than one call a week is harassment. Certainly more than one call in the same day is an abuse, particularly if you hang up and the collector calls right back.
- Call you before 8 a.m. or after 9 p.m., your local time.
- Call you after you write a letter to the collector’s company telling them not to call you.
- Call you or anyone else (looking for you), after the collector knows you have an attorney.
- Ask you to pay more than you owe.
- Ask you to pay interest, fees, or expenses that are not allowed by law.
- Call repeatedly or continuously.
- Use obscene, profane, or abusive language.
- Call at times the collector knew or should know are inconvenient.
- Use or threaten to use violence if you don't pay the debt.
- Threaten action they cannot or will not take.
- Illegally inform a third party about your alleged debt.
- Repeatedly call a third party to get your location information.