debt

3 debt collection horror stories

A rusty lock on top of a stack of 100 dollar bills
Highlights
  • The original creditor is often willing to work with the consumer.
  • Federal law prohibits bad behavior by third-party debt collectors.
  • Be careful when a collector makes you a debt settlement offer.

Are you afraid to answer your phone for fear of debt collection threats? You're not alone.

"Debt collectors have gotten a lot more aggressive," says Kristen Garrett, the public relations coordinator for Pittsburgh-based nonprofit Advantage Credit Counseling Service.

While most collectors stay within the bounds of the law, others are opting for behavior that's outrageous, heartless and just plain illegal.

Counselors say they've noticed a difference between collectors for original creditors and the third-party debt collectors who buy the debt for collection. Many times, the original creditor is more willing to work with consumers, says Robert Cotton, a certified personal finance counselor with Raleigh, N.C.-based Consumer Education Services Inc.

With an outside debt collection agency, agents' jobs often "are based on what they are able to collect," says Don Hicks, senior counselor for Novadebt, a nonprofit credit counseling agency in Freehold, N.J. And the quickest way to get that money "is with aggression and instilling fear in consumers," he says. Other methods are embarrassment or humiliation.

Here are some recent collection stories that rank among the worst of tricks:

'We're going to drag you to jail!'

Garrett thought she'd heard it all until her agency got a call from a senior citizen late last year. "She called literally in tears and said debt collectors called and said they had the police outside. If she didn't pay, they were going to drag her to jail," Garrett recalls.

Debts are a civil matter, not criminal -- and jail time isn't even an option. "It's important for people to know that there is no such thing as debtor's prison," Garrett says.

If agents are making illegal threats like jail time, deportation and physical violence, you can report the harassment to the Federal Trade Commission or to your state attorney general's office.

The federal Fair Debt Collection Practices Act prohibits bad behavior by third-party collectors. Third-party collectors aren't allowed to call you at work if you ask them to stop, reveal to anyone else that you have a debt, publish or threaten to publish your debt, harass you by phone or use profanity. They can't threaten illegal punishment like jail, loss of child custody, deportation or physical harm. They can't phone your home before 8 a.m. or after 9 p.m. or even call at all if you've asked them in writing to cease contact or if you've hired an attorney.

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'We're going to take your home!'

One New Jersey senior owed $12,000 in credit card debt after charging everyday living expenses on her card, says Hicks. The agent called and told her that debt collectors were going to take her home. What's more, she was told they weren't willing to take a penny less than the $12,000 she owed, and they wanted it now.

She tried to scrape up the money herself but couldn't, Hicks recalls.

"Debt collection agencies are very smart in doing research," he says. They will threaten specific assets like a home or income source. But in many states, homes are protected from debt collection, he says.

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