Things Debt Collectors Can’t Do

Debt collectors and creditors aren’t allowed to threaten to do something that they can't or won't do. For example, debt collectors aren't allowed to be violent or threaten to be violent.

They also aren’t allowed to commit crimes or threaten to commit crimes.

Creditors aren't allowed to threaten to take your property or your wages without a court order.

Debt collectors and creditors may not harass, oppress, or abuse anyone. Debt collectors and creditors aren’t allowed to:

• swear at you
• contact you so often that it’s unreasonable
• lie about or misrepresent who they are
• lie about or misrepresent why they are contacting you
• contact you between the hours of 9 p.m. and 8 a.m.
• call you at work if you have told them not to

Debt collectors and creditors aren’t allowed to tell other people about your debt. But if a creditor has a court judgment or court order against you, they can tell others about it.

Here is a list of who debt collectors and creditors are not allowed to tell about your debt. There are some times when these rules don’t apply. The times when the rules don’t apply are listed with the normal rules.

• Collectors and creditors aren’t allowed to tell your employer that you owe a debt...
  • ...but a debt collector can contact your employer if the collector only asks where to find you and doesn’t tell your employer that you owe a debt
• Collectors and creditors aren’t allowed to contact your family members...
  • ...but if you are married, collectors and creditors can tell your spouse about the debt
  • ...but if you are under 18 and live with your parent or guardian, a collector or creditor can tell your parent or guardian about your debt
• Collectors and creditors aren’t allowed to inform anyone about your debt or use any kind of communication that would ordinarily be seen by any other person
  • For example, a bill collector or creditor can’t post your bounced check near the cash register at their business
  • A collector or creditor also can’t send you a postcard about your debt

Remember: A collector or creditor can do all or most of the things listed above if the creditor has a court judgment or order against you for the debt.

Debt collectors and creditors can’t trick people to try to collect a debt. For example, debt collectors can't lie about the legal status of the debt, so the collector can't say it has a court order or judgment against you if it doesn't.

A private collector or creditor also can’t claim that it works for or with any state or federal government agency. A private collector or creditor can't use any paperwork that makes it look like the collector works with or for a government agency or office.

Debt collectors and creditors can’t use “unconscionable methods” to collect a debt. Debt collectors can't add their fee to the amount of the debt except in special cases.

Is a lawyer representing you? Have you told the collector that you want them to communicate only with your lawyer? Then the collector can only contact you by sending a statement of your account.