What are a collector's rights? | Reed Law Firm, P.A.

What are a collector's rights?

On Behalf of | Mar 29, 2019 | Debt Relief |

When you leave debts unpaid, the organization you owe money to has the right to send creditors to seek payment from you. However, there are limits as to the collection efforts a creditor can take.

Here’s what they are and aren’t allowed to do to you when you owe.

Communication rules

South Carolina’s consumer protection code prevents you from telling third-party collectors or creditors collecting their own debts to stop contacting you at home. However, there are federal laws that limit when they can call, how often they can call and what they can say.

For example, collectors should not make numerous calls before 8 am or after 9 pm. They also cannot contact you via postcard, use obscene language during communications, threaten you or make demands of you.

This includes threatening to file a lawsuit, demanding a post-dated check or suggesting that news of your unpaid debts would be shared with others.

At work

You can write collectors asking them not to contact you at work, according to South Carolina law. If collectors continue to contact you at home, they cannot make threats about your work, such as stating that you will be fired for not paying your debts.

Further, unlike some other states, collectors cannot garnish your wages in South Carolina. That means they cannot hold or take the money you make at work to pay off your debts.

Falsities

Collectors are also barred from making false statements, such as accusing you of criminal behavior, telling you that you owe more than you do or claiming to work for the government or credit bureau.

If you believe you are being harassed by creditors, seeking professional help may be one way to make it stop.

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