If you’re in debt and are struggling to pay back what you owe, your creditors can become one of the most stressful parts of your day. But what legal protections do you have against threats and harassment? Here’s a plain-English guide you can use to get some peace of mind.
You can’t be jailed for owing money
It’s not a crime to owe money. Outstanding debts on credit cards, medical bills or personal loans is a civil issue, not a crime. If a creditor hints at arrest, that’s a scare tactic and it isn’t allowed. Write down any arrest threat exactly as it was said to you, save it, and keep it with your other notes.
Collectors can’t threaten or harass you
There are limits on what collectors can say and how often they can call. They can’t use abusive language, lie about lawsuits or call you endlessly. If you’ve experienced any of these issues, make a list of specific past violations and begin documenting any new problems. And remember, if you want to record your creditor calls, ensure you’re following proper local regulations in addition to more straightforward tactics like saving voicemails and letters. Your notes make it easier to report bad behavior.
Quick steps if a call goes too far
- Say, “Please send this in writing,” then hang up.
- Write the date, time, number and what was said.
- Save all mail and voicemails in one folder.
You can ask them to stop contacting you
Did you know you can actually tell a debt collector to stop contacting you — and that they have to abide by your request? Write a short letter including your name, mailing address and any account number, followed by a short, clear request to cease contact about your account. Then, send it by certified mail and keep the receipt. After they get your letter, they can only reach out to confirm they’ll stop or to tell you about a real legal action. Just because they stop calling doesn’t mean that debt is gone — it just protects you from unnecessary stress.
Your job is protected from most paycheck issues
Worried about wage garnishment costing you your job? For most positions, federal law protects you from being fired because a debt collector is attempting to garnish your wages. However, some sensitive jobs that handle money can have extra rules. If you’re punished or let go after one garnishment, document it and ask your HR department for the written reason.
You must get proper notice before wage garnishment
Money can’t be taken from your paycheck without legal steps and written notice. That notice should name who is collecting, list the amount they claim and explain what you can do if the numbers are wrong. Read deadlines closely. If you see errors, follow the challenge steps in the notice and respond by the date shown. Keep copies of everything you send.
If the bigger issue is too many bills at once
It’s important to know your rights when dealing with debt, but these legal protections will not help you overcome the core issue of too much debt and not enough income to handle it. If you’re juggling several high-interest balances and want a simpler, more affordable way of getting debt-free, Accredited Debt Relief might be able to help. Our debt consolidation program can save you 40% or more on eligible monthly payments, and even help you reclaim financial freedom in as little as 24-48 months.