Updated on
Author: Sergei Lemberg
Can a Debt Collector Come To My House With a Baseball Bat?
![Collector Visit Holding Baseball Bat]()
General Rule: No, a debt collector cannot come to your house with a bat. Under the FDCPA it is illegal to threaten any type of violence in the collection of a debt.
Debt collectors have a reputation for aggressively pursuing debt. This usually results in harassing and abusive debt collection practices. They may repeatedly call you, use profane language or even threaten you with violence. However, if you never experienced anything like this before, you may not know whether or not it is legal.
Debt collectors may not engage in harassing, abusive or deceptive debt collection practices. This behavior is illegal under the Fair Debt Collection Practices Act (“FDCPA”). This federal law seeks to ensure that the debt collection process is fair and professional.
Most would agree that showing up at a person’s house with a bat is not professional. However, is it illegal? In this article, you will learn about how the FDCPA views this type of behavior. In addition, you will learn how you should respond if you find yourself in this situation.
In-person Contact is Legal Under the FDCPA
As a starting point, it’s important to understand that a collection agency can communicate with you in several different ways. Under the FDCPA this includes in-person communication. While it is rare it is legal.
A debt collector is free to come in person to discuss a debt and payment options. For certain secured debts (e.g., car, house), they may come in person to repossess items.
That being said, in-person communication must abide by all of the requirements of the FDCPA. That means that a collection agency violates the FDCPA if, when in person, they try any abusive debt collection tactics. This includes any type of harassment or deception.
In-Person Communication, Threats and the FDCPA
Although a debt collector may contact you in person, they must abide by the requirements of the FDCPA. The FDCPA specifically prohibits violence or threats of violence.
The only intention a debt collector has when bringing a bat to your house is to intimidate you. If they engage in actual violence they may also have criminal charges in addition to an FDCPA violation.
How Should I Respond to This Type of Threat?
If a debt collector approaches your house with a bat, this is a volatile situation. Do not do anything to escalate the situation or get yourself in trouble. Here are a few options to consider:
- Instruct the debt collector to leave. Tell the collection agency they must leave your property immediately. To be safe, you can do this without opening the door.
- Ignore any request to speak with you. If a collection agency knocks on your door with a bat, consider just not answering the door.
- Call the Police. If a collection agency comes to your house with a bat they are threatening you. If you want to make sure the debt collector leaves your property for good, call the police. Depending on the situation, they may end up filing charges.
If you remember, safely take a video of the incident as evidence of the violation. If you cannot take a video, after the incident make sure to take detailed notes about what happened.
Legal Action for Threats of Violence under the FDCPA
After you diffuse the situation, you can take additional action against the debt collector. Consider taking the following additional action:
- Issue a cease-and-desist letter. You can prevent future in-person contact by sending a cease-and-desist letter. In fact, this letter will also prevent the collection agency from communicating with you through any means.
- Report the Debt Collector to a Federal Agency. One option for FDCPA violations is to submit a complaint to the Federal Trade Commission (FTC). You also have the option to provide a complaint to the Consumer Financial Protection Bureau (CFPB).
- Sue the Collection Agency. You can sue the collection agency for making threats of violence in violation of the FDCPA. A court can penalize the collection agency (up to $1,000) and award you any damages you suffer.
Conclusion
A debt collector may communicate with you in various ways. However, any type of threat is illegal. Bringing a baseball bat has only one purpose: to intimidate you into paying a debt.
When this happens, a collection agency has egregiously violated the FDCPA. You have the right to sue them or take other action described in this article.
Regardless of what action you take, consider having a consumer rights attorney represent you. They can assist in holding the collection agency responsible for this type of offensive and dangerous conduct.
Additional Resources
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
See more posts from Sergei Lemberg