Can the collector call my boss regarding the delinquent debts?
Problem:
I am the single bread-earner of a large family. Everybody is aware that the cost of living is rising with each passing month. It goes beyond saying that I am facing immense difficulties to run my family with my income. I have borrowed money on a couple of credit cards in the last few months. I have cleared the balances on 2 credit cards. However, I was unable to pay the outstanding balance on 1 credit card. I couldn’t make any payments for 3-4 months due to financial hardships. The account has been assigned to a collection agency in my city.
The collection agency has called me at my home several times. They want me to pay the full bill amount, which I can’t. Now, the collection agency has threatened to call my boss. An employee of the collection agency has threatened to reveal my debt owes to my employer. I am very scared. My boss is a very grave person. If he comes to know about my debts, then there is a very high chance of losing this job. If that happens, then it will be terrible for my family. The collector has even threatened to file a criminal lawsuit against me.
Solution:
Debt collectors know the collection laws very well. Some of the collectors follow the rules while collecting debts from the consumers. They make collection calls to the consumers, discuss about the problems, find out a solution to the problem, and collect money from the consumers.
However, there are some debt collection agencies who don’t give a damn to the collection laws. The collectors of these agencies are bullies. They violate the FDCPA laws deliberately for earning a fat commission from the creditors.
In your case, the debt collectors can only file a civil suit against you. They can’t file a criminal suit in the court. Keep in mind that you can’t be put into the jail for a debt. So, if the collector is threatening to put you behind the bars, then he is violating the FDCPA laws.
As per the collection laws, the collection agencies can’t call you at work if they know that your employer doesn’t permit these kinds of things in office. However, the collection agency would not know about the company policy if you don’t inform them about it.
My guess is that the debt collector will call you again. When you receive the call, just politely inform that your boss forbids collection calls at office. Make sure you inform the debt collector about the company policy in writing. Moreover, ask them to validate the debt in writing. The debt collector has to show the amount you owe to them and the name of the original creditor. In addition, the debt collector has to explain the process of disputing the debt.
Sometimes, it happens that the debt collectors lose the documents in the midst of hundreds of other papers. In such a situation, the collectors are unable to validate the debt and continue the collection attempts.
If the debt is genuine, then my advice is to find out the ways to pay back your creditor. The collection calls will not stop until you pay off the debt. In addition, the debt collector can file a civil suit against you and garnish your wages. If that happens, then it will be more difficult to run your family. So, try to arrange a payment plan with the debt collector. It will be better for both you and the collector.
Lastly, you know that the debt collector has violated the FDCPA laws. If the collector continues to violate the laws even in the coming days, then contact FTC and register a formal complaint against him.
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