When you are acutely indebted, you tend to be depressed and defensive. Since you consider yourself guilty, you would tend to accept more that your share of abuse. The fact that you would be faced with all types of collect agents would make you feel vulnerable and defenseless. If you are experiencing this type of situation, cheer up. You should know that you have rights that can protect even when you are swamped by snowballing debts.

Stand Up For Your Rights And Face The Situation Squarely

While it is true that you should be careful about how you manage your finances and avoid reaching a situation where you are unable to pay your bills, you need to keep in mind that you are protected by the law against unnecessary harassment. The first step in this direction would be to gather information on these rights and what you should do when you are faced with what seems a no-win situation.

Here are some of the aspects that would help you:

1. You are protected against harassment – collecting agencies engage agents to recover their money and these agents are meant to meet you and discuss possible means to get the loan repaid. They are not meant to harass you in any way. Be aware that any type of threatening gesture whether it is in direct or implied is infringing upon your rights. The law dictates that the agent cannot make it known at your work place or residence area that you have an outstanding debt; neither can he or she use abusive language, violence and intimidating behavior.
   
2. Misrepresentation – the debt collector is not permitted by law to use false identity (such a law enforcement officer, or posing as Government representatives, etc) in order to intimidate you into making a payment. They cannot push you into signing any document by misrepresenting the true facts.
3. Abuse of your contact place – the debt collector should not visit your place of work unless he or she has obtained your express permission for it. Their calls too, should be within the limits of a normal day, i.e. not after 10 PM or earlier than 8 AM since this would amount to harassment. If the debt collector uses a third party for contacting you, the same law applies to them as well.
4. Right ID – the debt collector should announce to you that they are debt collectors and not engage you in discussion under false pretences to “corner” you into giving additional information.
5. Legal action threats – be aware that no debt collector can claim than they can have you arrested, have the salary attached to the financial institution or seize your property unless the pre-agreed terms state so. If such action takes place, you would be entitled to legal protection.

These are only some of the rights that you are entitled to as listed by the Fair Debt Collection Practices (FDCPA). Do not despair when you are finding yourself indebted beyond your means. Take steps to remedy the situation at the earliest; in the meantime be aware that you have rights that you can exercise.