Limits of debt collection

Many people in Minnesota struggle with debt. In fact, in 2015, the state ranked fifth in the nation for highest student loan debt.

People with debt are familiar with the practice of debt collectors contacting them incessantly to receive payments. It can be stressful, but there are legal limits to what debt collectors can do. Anyone who deals with these collectors should understand the law so that they know when an agency crosses the line. 

They can pressure you, but they cannot harass you

Pressuring and harassing may sound similar, but there are some differences. For example, a collector can pressure you to pay by contacting you once a day. If a collector contacts you multiple times a day, especially if they are late at night, then that is harassment. Illegal behavior also includes threats of violence, using obscene language and publishing information about you online. 

They can call you at work but not show up physically

It is perfectly acceptable for a debt collector to contact your place or work. However, the collector cannot reveal to co-workers or your boss that you are in debt. While it is rare, there have been instances when a collector physically showed up at the debtor's workplace. If you wish to make these workplace calls stop, then all you have to do is inform the collector. 

They can sue you but not arrest you

The collector can say that the agency will bring a lawsuit against you if you do not pay. However, the agency cannot arrest you for late payments. Most of the time, lawsuits are meant to try to garnish your wages. In many cases, the debtor loses by default by not making the court appearance. If the collector wins the court case and you do not abide by the court order, then the collector can issue an arrest warrant for failure to follow the agreement. 

 

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Prescott Pearson & Tande, PA
443 Old Highway 8 Northwest, Suite 208
New Brighton, MN 55112

Toll Free: 888-366-0827
Phone: 651-968-8096
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