Is it legal for debt collectors to contact family members?

By law, a debt collector is not allowed to threaten or use physical force of any kind towards you, any member of your family or a third party connected to you to try and collect your debt. They can, however, contact a family member, friend of third party to obtain location information on you.

Can collection agencies harass family members?

As far as verbal abuse goes, Ontario, Alberta, New Brunswick and Nova Scotia are among the provinces that state that collection agents cannot use profane, intimidating, or “coercive” language when dealing with debtors. Alberta and Northwest Territories also mention that collection agents may not threaten physical harm.

Can debt collectors get in trouble for harassment?

If you are dealing with a debt collector, you have protections under the law. A debt collector must not mislead, harass, coerce or act unconscionably towards you. If a debt collector contacts you about a legitimate debt, be cooperative but also expect to be treated professionally.

What is considered harassment by a creditor?

The Fair Debt Collection Practices Act (FDCPA) says debt collectors can’t harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Calling you without telling you who they are.

What happens if you sue a debt collector?

You can also sue the debt collector for violations of the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney’s fees and may also have to pay you damages. No misrepresentations: The FDCPA also says debt collectors can’t use false, deceptive, or misleading practices.

What are some examples of harassment by a debt collector?

Some examples of harassment are: You can also sue the debt collector for violations of the FDCPA. If you sue under the FDCPA and win, the debt collector must generally pay your attorney’s fees and may also have to pay you damages.

What to do if you get harassed by a collection agency?

Keep all correspondence, account documentation and statements. When you talk with the collector, get the collector’s name, call back number, and the company for whom he or she works. Make notes on the interaction. These notes will be invaluable if you have to make a complaint or file a lawsuit against the collector.

What to do if a debt collector is abusive?

If a debt collector has been abusive, then you should sue in court. By suing, you can get compensation for any emotional injury you have suffered. You can also recover any lost wages. To start the lawsuit, you need to fill out a legal complaint form and file it with a court.