Abusive Debt Collection Is Illegal. We Can Help.
If you are struggling with debt, one of the most terrifying issues you will face is the harassment of debt collectors. These individuals or companies are determined to do whatever it takes to get you to make a payment.
This can include threatening phone calls, an avalanche of bills and notices in the mail, intimidation and lies. While collectors are supposed to call within the window of 8 a.m. and 9 p.m., they often call at all hours. Their primary goal is to wear you down until you pay them.
Often the debts are incorrect or entirely bogus. Many people simply do not have the money to pay. Unfortunately, too many victims feel like there are no options. At Bensley Law Offices, our consumer law lawyer fights for individuals who are suffering the constant harassment and intimidation of collectors and debt buyers. Call us today in Philadelphia at 800-254-3497 or contact us online.
There Are Ways To Stop Creditor Harassment. You Do Not Have To Live Like This.
There is a strict code of rules that collection agencies are supposed to follow. Many, however, do not. Any of the following types of behaviors may entitle you to seek money damages from that agency:
- Calling outside of the mandated window of time (8 a.m. – 9 p.m.)
- Intimidating or abusive calls, including obscene language
- Threats of lawsuits, wage garnishments, arrest or violence
- Contact at work or with anyone else about your debt
- Incorrect amount of debt or added charges
- False or misleading information
- Failing to identify themselves as debt collectors
- Repeated and continuous contact
- Inappropriate contact
Debtors often do not realize the rights that they have in dealing with the collectors, including the right to demand that the contact cease. By submitting a written letter, the collection agency must stop all communication, unless it is to notify you that it is exercising specific rights. You also have the right to demand that the collection agency prove or validate the debt that it claims you owe.
Frequently Asked Questions About Debt Collection In Pennsylvania
Consumers in Pennsylvania often encounter confusing debt collection practices. When your finances are at stake, you need straightforward information to help you understand your rights under state and federal law.
How does Pennsylvania’s state law differ from federal debt collection laws?
Federal law, through the Fair Debt Collection Practices Act, governs third-party collectors and debt buyers. The act prohibits harassment, false statements and unfair practices. Pennsylvania adds further protection through the Fair Credit Extension Uniformity Act (FCEUA), which applies similar behavioral standards to original creditors.
This means banks, medical providers and credit card issuers must follow rules that mirror federal restrictions when collecting consumer debt. The Unfair Trade Practices and Consumer Protection Law allows for civil remedies when a creditor or collector violates FCEUA. These combined laws create broader coverage than federal law alone.
Can a debt collector garnish my wages if I live in Philadelphia?
Not typically. Pennsylvania law generally prohibits wage garnishment for typical consumer debts such as credit cards, auto loans and medical bills. This protection applies statewide, including in Philadelphia. Garnishment is allowed only for specific obligations that include child support, certain tax debts, federal student loans and limited landlord-tenant judgments.
Because wage garnishment is so restricted, collectors often rely on other methods such as phone calls, letters or lawsuits. Knowing the limits helps consumers recognize when a garnishment threat is not legally permitted.
What does it mean if my debt was sold to a “debt buyer?”
A debt buyer is a company that purchases charged-off accounts from original creditors for a fraction of the balance and then seeks to collect the full amount. Buyers frequently include companies such as Midland Funding, LVNV Funding and Portfolio Recovery Associates.
When pursuing collection, these companies must prove that they own the account and that the balance is accurate. They must provide documents such as the original agreement, statements, charge-off details and a complete chain of title showing each transfer of ownership.
Missing or incomplete records can weaken a debt buyer’s ability to prove its claim in a Pennsylvania court. Consumers who request validation or challenge documentation often uncover gaps that affect the collector’s case.
Philadelphia Debt Collection Defense
We can assist you in seeking action against collection agencies that have violated your legal rights, harassing you and disrupting your life. Our debt collection defense attorneys will thoroughly investigate all communications and build a case against the collector for any inappropriate contact. In many cases, if the collector is found to have harassed the individual, he or she will be responsible to pay the attorney fees.
Stop creditor harassment and intimidation. To learn more about how we can help you hold these parties accountable for the inappropriate contact, call our office today toll free at 800-254-3497.