As usual, it’s a good news, bad news scenario. On the one hand you’ve made a commitment to reform your spending habits. But on the other hand there’s a remnant from the past that has stuck up its ugly head as is ready to bite you. Every time the phone rings you jump. The collection agency is after you. The creditor harassment has begun.
The phone is ringing at all hours, and the voice at the end of the line is getting nasty. They’re starting to talk about “pre-litigation department”. And now they’re saying they intend to “investigate your assets and mark an involuntary recommendation on your file”.
You have been accused of refusing to pay and the aggressive debt collectors have threatened to put a lien on your house. A few times they even mentioned the possibility of being thrown in jail if you don’t pay. The truth is you’d like nothing better than to be able to pay – if for no reason other than to stop the calls.
But it’s important to keep it in perspective. In days gone by in the British legal system a person who could not pay a debt would be declared bankrupt and imprisoned. They didn’t fool around in those days. Statutes in the 15oos and 1600s stated that anyone who aided bankrupts would be punished. In some cases a person could even be hanged, although that didn’t happen very often. Imprisonment was far more common.
Prior to this, the Greeks and Romans had a uncomplicated solution for the poor soul who could not come up with the cash. They simply condemned the evil person to slavery and arranged for the creditor to be paid with hard labor.
Thankfully things are a lot more civilized today. Today in most countries abusing debtors is against the law.
In fact even the practice of harassing a debtor is illegal in the United States. The law designed to stop abusive and overly aggressive collection practices is called the Fair Debt Collection Practices Act – FDCPA for short. This law exists to make illegal some of the more common tactics used by debt collectors. The things you are experiencing could very well be turned around and used against the collection agency that is hounding you.
If you think that is the case your best course of action is to be proactive, and contact a fair debt attorney. But before you do, it’s a good idea to get your facts straight and make a special point of documenting what is happening to you. Make a note of the phone calls. Do not exaggerate, just put down the facts. An experienced debt relief lawyer is likely to find that you are entitled to monetary compensation at the expense of the collection agency.