By Ryan C. Wood

The question, “Should I pay a collection agency is?” is a common question. There is no easy answer though. A collection agency purchases a debt, is transferred or assigned the debt for collection from original creditor. How much they paid for the right to collect the debt or how of the debt are they entitled to is always a question. Generally most collection agencies want to obtain some sort of payment for as little work as possible.
What is as little work as possible? Well there are many reputable collection agencies that do not resort to violating the FDCPA (Fair Debt Collections Practices Act) when attempting to collect a debt. They do not call you at every hour of the day or threaten to put you in jail.

Unfortunately there are quite a few that use harassing phone calls and intimidation tactics to try and make you pay. You can sue a collection agency for damages if they violate the FDCPA. You can receive up to $1,000 in statutory damages plus attorney fees and costs. You may also receive damages for emotional distress, lost wages, loss of consortium and punitive damages.

There are many violations of the Fair Debt Collections Practices Act. Collection agencies should not call you before 8:00 a.m. and after 9:00 p.m. They cannot harass you by calling you continuously all day. No contact should be made with a third party disclosing that you owe a debt to them. A collection agency can contact a third party to ask about your location and nothing more. After the initial contact with the third party the third party should not be contacted again to ask about your whereabouts. If you receive calls at work and then tell the collection agency that you are not allowed to receive calls from them at work they should not call back. Disturbing you at work is not only embarrassing but can lead to termination of employment if you productivity is significantly affected.

A debt collector cannot belittle you on the phone or lie to you to induce you to make a payment. The truthful and hones collection of a debt is always allowed, but deceptive collection practices are not. You will know when a debt collector is not speaking to you correctly or doing something the is against the law. You will feel it. Give us a call toll free at 1-877-963-9543 to discuss your circumstances and determine if you have a claim for damages.