Some debt collectors are willing to try various tactics to get you to pay a debt. Some may even come in person to your home in an attempt to collect a debt. Technically, a collection agency is legally entitled to do so if they want.
The Fair Debt Collection Practices Act (“FDCPA”) ensures that a debt collector doesn’t engage in various harassing, aggressive and deceptive collection practices.
But, you may ask, can a debt collector show up where I live? Read on to find out your rights if a debt collector comes to your home.
Can a Debt Collector Contact Me in Person?
The FDCPA contains several different restrictions on how and when a debt collector can contact you. However, if you owe money, a debt collector is free to visit you at your home. This is a somewhat rare scenario as most debt collectors resort to other means to secure the payment of a debt.
While this is not a typical scenario, there are certain scenarios when this may occur. Some collection agencies will send employees to go to consumers’ houses to verify debts in person.
The most likely scenario, which is different from traditional debt collection, is if you owe money on a secured debt. A secured debt attaches to collateral (e.g., house, car, boat, etc.) that a creditor can repossess if you fail to pay your debt. A repossession will often involve a creditor going to a person’s home if they have the right, to take back any property you own in connection with that debt.
What Rules Does a Debt Collector Have to Follow if They Come to My Home?
While a debt collector is free to come to your home, they still have to follow the rules provided in the FDCPA. If they want to contact you at your home, that means they cannot
- Visit before 8:00 AM or after 9:00 PM.
- Visit you at any other time the debt collector knows or should know is an inconvenient time.
- Use any type of verbal threats, profanity or other type of harassing language.
- Make any misrepresentations or false threats.
- Engage in any type of physical violence.
- Enter any part of your home without your explicit permission.
Basically, for in-person visits, a debt collector must abide by the same rules as if they were to call you. That also means you can tell the debt collector to no longer contact you in person. If you make this request, a debt collector is no longer allowed to visit your house.
What Are My Rights if a Debt Collector Comes to My Home?
If a debt collector comes to your home, there are certain things you can do that are within your rights. Those include
- Asking the person to verify their identity. If a person comes to your house and indicates that they are a debt collector, you have the right to ask them for proof of identification.
- Telling the debt collector to leave your property. Whether you feel unsafe or simply do not want them to bother you at your home, you can tell the debt collector to leave and not show up again. If they remain on your property, you can call the police.
- Refuse to answer the door. Just because a debt collector comes to your property, it does not mean you must talk to them.
- Withholding payment or information. First off, if someone comes to your home, they may not even be a legitimate debt collector. Even if they are, providing any payment or information about a debt is best done in a formal matter. You should make payments and all communication about a debt in a way that you can document.
What if My Rights Are Violated Under the FDCPA?
If the debt collector’s actions violate your rights under the FDCPA you can
- File a lawsuit. You can sue a debt collector under the FDCPA if they continue to visit you at your home after you ask them to stop or violate any other aspect of this law. This will certainly stop the visits and may even result in monetary damages.
- Send a cease and desist letter. You can send this letter to stop all types of communications from a debt collector. However, you are still required to pay any valid debts.
- Submit a complaint. A consumer can submit a complaint to either the Federal Trade Commission (FTC) or the Consumer Financial Protection Bureau (CFPB). The former enforces the FDCPA while the latter handles various consumer complaints.
Conclusion
While a debt collector may come to your house, they have to follow the rules of the FDCPA. If you ask them to leave and not come back, they must honor your request.
You do not have to stand for harassing or aggressive behavior from debt collectors in person or by any other means. If a debt collector has violated your rights, speak with a consumer rights attorney. They will assist you in dealing with any debt collectors violating your rights under the FDCPA.
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