What Are Debt Collectors Allowed to Do?

 Posted on June 27, 2014 in San Antonio Bankruptcy Attorney

Debt collectors are only allowed to do so much when trying to acquire money owed from their debtors. And while there are times when debt collectors will go beyond what they are legally permitted to do, having an understanding of what is permitted can help to be determine whether or not a collector has gone too far.

Method of Contact

According to the Office of Consumer Credit Commissioner (OCCC), various creditors use independent debt collection agencies to acquire money owed. With that said, debt collectors are permitted to contact debtors via phone, mail, in-person, telegram, or fax. But, they should not contact debtors prior to 8:00 a.m. or after 9:00 p.m., unless given consent from the debtor. Also, debt collectors should not contact debtors at work, especially if the collector knows the employer does not approve of these contacts.

If you are in debt, and are working with a bankruptcy attorney, a debt collector must contact the attorney about your debt and not you. Debt collectors can contact third parties, but only to find out where you live, what your phone number is, and where you work. They are not permitted to contact third parties more than once.

Within five days of contact, you must be provided with notice regarding how much money you owe, to whom you owe the money, and what you must do if you believe you do not owe any money.

How to Stop Contact

You can stop debt collectors from contacting you by sending in a certified letter to the creditor. The letter must tell the creditor to stop contacting you. This will not get rid of the debt that you owe, but it will end the contact from the creditor and their collectors. Also, make sure you keep a copy of the letter for your records. The only form of contact the creditor can make following the letter is to let the debtor know the letter was received.

If you or a loved one has been contacted by a debt collector, contact a Texas bankruptcy attorney who can help you deal with the situation.