5 Secrets Debt Collectors Do NOT Want You To Know!

28 Sep 5 Secrets Debt Collectors Do NOT Want You To Know!

The debt collection industry wants to collect money and sometimes will use illegal means to try to collect the debt.   Here’s what they don’t want you to know:

1.   The debt collector cannot garnish your paycheck or bank account without going to a court, filing a lawsuit, obtaining a judgment, and then presenting a writ of garnishment to your employer or your bank.   Not one of those steps can be missed (okay, there are exceptions for taxes and student loans, but those are a different kind of debt, given higher priority under public policy).   If a debt collection agency tells you that they will garnish your bank account the next day, and you know that there is no judgment against you, THEY ARE LYING.

2.  A debt collector cannot have you arrested for failure to pay a debt, even if the debt is for a pay-day loan.  Threatening arrest is illegal.

3.  A debt collector cannot call you at work after you tell them to stop, that you are not allowed to receive these kinds of phone calls at work, as clarified by Steve Otto, Pennsylvannia consumer attorney.

4.  A debt collector cannot call your employer to tell your employer about the debt.  It is illegal for a debt collector to talk to a third-party about your debt, as I explained in an earlier article on this site.

5.  A debt collector cannot make your domestic partner pay your debt, as explained by my California colleague, Cathy Moran.

Stay tuned for the next five secrets.   If a debt collection company has done any of the above acts, please contact an experienced attorney in your area to obtain legal advice on what your next steps should be in regard to their behavior.

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I'm a consumer protection lawyer in Oregon, working with people in Klamath; Lake; Jackson; Josephine; Curry; and Deschutes County. I speak regularly on bankruptcy and consumer protection issues nationwide.
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