While the Fair Debt Collection Practices Act (FDCPA) has created several guidelines making specific collection tactics illegal, many collection agencies have chosen to ignore these rules. The tactics that strike the biggest fear in consumers are listed below.
Debt Collectors threaten a lawsuit if the consumer does not pay.
While the original credit card company does have an option of filing suit, they do have a limited time that this option is available to them. The debt collection agency cannot file a lawsuit against a consumer whatsoever.
If the Debt Collectors do not receive payment, then they will have you arrested.
This probably strikes the most fear into people, but unfortunately for the debt collectors, it is entirely illegal. Debt collectors cannot have you arrested for an unpaid bill. Not only is a due unsecured debt a civil matter, but the actual debt collectors cannot file suit against you, just the card company.
Threatening foreclosure of the consumer’s home if their bill remains unpaid.
Debt collectors and even the original company cannot take your home from you. The only way that someone can take your house is if you have secured your loan with your home. Credit card debt is what is considered to be unsecured debt. This means that the card company chose to give you the line of credit that they did, and it is their responsibility to get that money back. The only way that the credit card company can take any legal action is to file suit in the civil court. The debt collection agency cannot do anything but call and write letters.
Many debt collectors will threaten to garnish a consumer’s wages.
It takes legal action to garnish a person’s wages. Only the government can make this choice. This means for a company to be able to garnish your wages they would not only have to file suit, but also receive a judgment that will allow for the garnishment of wages. The card company can do this; the debt collection agency cannot. You will have fair warning before this is even a possibility because you will receive a court summons or a legal letter.
For American consumers who are suffering from unmanageable credit card and other unsecured debt, help is available. You can get valid credit card debt settlement from a licensed attorney at law who is licensed to practice law in your state.