There are no laws to prohibit a debt collector from coming to your house. However, there is really nothing for them to gain by doing so, so this is a very rare scenario. After all, there is nothing to profit when a debt collector shows up at your house. The FDCPA does protect your rights as a creditor, so you need to understand your rights when it comes to a face-to-face debt collection attempt. When a repo agent shows up, he or she is there to get property. You owe a debt collector money, and they cannot take property without a court order.
What Are My Rights if a Debt Collector Shows Up?
When a debt collector shows up, you don’t have to answer your door or let them in your home. They cannot take any property and they cannot go around telling your neighbors about your past due debt. A debt collector cannot impersonate law enforcement or show up in a police car. They cannot broadcast your financial difficulties to the neighborhood or harass or humiliate you into paying. They cannot threaten you with physical harm or harm you and they must leave when you ask them to do so.
Repossession is Completely Different
While repossession involves debt that is owed, it is not the same as debt collection. Repossession occurs when property is put up as collateral or when you buy property on credit and didn’t pay for it. When this happens, the title holder or lender is within their legal right to repossess property. A debt collector is collecting an unsecured debt, meaning that you did not use your property as collateral, so they cannot take it because your payments are past due.
What Should You Do if a Debt Collector Comes to Your Home?
If a debt collector comes to your house, you don’t have to talk with them. You don’t even have to open the door or let alone, let them in your home. You can wait until they leave. Or, you can ask them to leave. They cannot refuse to leave when you ask them to do so. If they do refuse to leave, you can call the police. The police can then force them to leave and you can file a complaint for harassment. When a debt collector harasses you, it might also be considered a violation of the FDCPA.
Consult with an FDCPA attorney
If you are being harassed by a debt collector, or if a debt collector is visiting to your home, you should consult with a FDCPA attorney. Complete the Free Case Evaluation Form on this page to get your details shared with a FDCPA lawyer. An attorney will contact you and review your case, then help you determine how to proceed with your claim. Just because you are behind on your debts doesn’t give the debt collectors the right to harass you. Schedule your free case review with a FDCPA lawyer today!
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