If you have been unable to make payments on a debt and it goes into default, creditors will sometimes hire an outside agency to collect the debt on their behalf. These third party agencies are known as “debt collectors.” Under federal law, they are required to abide by the Fair Debt Collection Practices Act (FDCPA).
The FDCPA details your rights as a debtor and imposes limitations on the way a debt collector is allowed to communicate with you and your employer. It is not necessarily illegal for a debt collector to call you at your place of work. However, if you tell the debt collector not to call you at work, they must stop. Continuing to call you after this request has been made is indeed illegal.
Although you don’t need to ask the debt collector to cease their calls in writing, it helps to keep a written record in case the collector claims they didn’t have “reason to know” that you had forbidden them from calling your work. With written evidence in hand, you can potentially sue the debt collector for violating the terms of the FDCPA.
If you are being harassed by a debt collector, please contact Hewitt & Salvatore, PLLC today to schedule a free case evaluation with one of our experienced Charleston debt harassment lawyers. We represent debtors in Fayetteville, Beckley, and all of West Virginia.