A federal statute known as the Fair Debt Collection Practices Act gives you specific legal rights to sue debt collectors who unlawfully threaten, berate, intimidate or harass you; call you during odd hours, make false representations about the debt or their intentions, or otherwise act in ways proscribed by the act.

False statements may include:

• Attach your wages when unlawful or not intended-this includes threats to take more wages that is permitted by the federal limitation (wage attachment for a credit card debt, a non-student loan or for an obligation that is not support is generally illegal in Pennsylvania, however, now that law has been expanded to rent and lease damages in some cases-you should check the statute to be sure);
• Contact your employer about the debt;
• Call you "everyday until the debt is paid;"
• Sell the debt to another company for the purposes of continuing collection on a time-barred debt;
• Contact neighbors about the debt;
• Threaten imprisonment or criminal punishment;
• Report a financed vehicle as "stolen" because you missed one or more vehicle payments;
• File or threaten to file criminal bad check charges on a post dated check that the collector solicited from you;
• Immediately evict (by an agent for a landlord); lockout, or seize personal property where such relief is limited by state law;
• Sue, where no suit is intended, e.g. a collector requested "settlement prior to possible legal action" where the collection agency had no authority to sue, or to retain counsel.
• Or, a threat implying that the collection agency has multiple employees or investigators working to collect the debt, where only one or two people work for the agency.
• Collect or sue for "collection costs," "attorney's fees," interest not pre-agreed to in excess of that allowed by statute, "fines," or any other fee in excess of the actual amount due, unless the original agreement provides for the amount the collector threatens to collect.
• Add "collection costs, attorney's fees" and similar additional charges have also been held to be deceptive and misleading, because they do not state exactly what debt is being sought.
• Sue or bring any kind of legal action where the threat is not followed through (i.e. a scare tactic), or any number or other threats designed to demoralize, humiliate, degrade; embarrass or intimidate a debtor into payment.
• Or any threat where the collector says he is legal counsel or an attorney/lawyer when he is not;
• Or a threat or attempt to mislead a debtor that a claim will be transferred to an attorney or separate department of a collector (e.g. "This will be transferred to our legal department for further action"). Letters misrepresenting that the account has been transferred to an attorney may include an attorney's letterhead with threats of legal action.
• They cannot tell you that they are going to sue you if you don't pay up.  They cannot say if you don't do this or that within 30 days..so and so is going to happen. That is totally illegal. And is a threat.
• It is unlawful to try and sue you outside of your jurisdiction. You must be sued in the County that you reside in.

The last one takes us back to the person who emailed us about a lawsuit she received via a bill collector. When she was talking that the courthouse was 50 miles away we asked where are you being sued. She responded that this was in another county. STOP right there. You cannot be sued outside the county you live in. Call them back and let them know you are aware of your rights and them suing you outside your county is unlawful.

Sure enough, she contacted them and they dropped the suit. They were in no way going 50 miles out of their way to sue her. They thought she was stupid enough to go 50 miles out of her own way and meet them there! Please know your rights!

As far as collectors are concerned, you are not required:

1. To discuss anything with a collector unless you want to;
2. To answer a phone for a collector (this works with called ID).
3. To speak with the collector if you do answer.
4. To answer any questions at all posed by the collector (collectors will often demand that you rearrange your finances, or cut back on other expenses to pay them; there is no requirement that you justify your lifestyle to a collector).
5. To say "good-bye" before you hang up.
6. To be truthful about your personal and financial affairs (you do not have to disclose private information about assets or income).
7. Don't ever acknowledge that you owe any money to them. Always state your debt as an "alleged debt" This is very important if the debt is old. By acknowledging the debt, you may actually extend the time the creditor can sue on it. All states have statutes of limitations on debt collecting. Few states are more than six years. Many are less. You can extend this limitation by acknowledge the debt or even by making a partial payment!

I