My current location: Los Angeles, CA | Change location

ABA Family Legal Guide

Consumer Credit

Debt, Debt Collection, and Credit Repair

Debt Collection and the Law

What types of debt collection practices does the law prohibit?

A debt collector may not harass, oppress, or abuse any person. For example, a debt collector may not

  • use threats of violence to harm you, your property, or reputation;
  • use obscene or profane language;
  • repeatedly use the telephone to annoy you;
  • make you accept collect calls or pay for telegrams; or
  • publish a "shame list" or other roster of individuals who allegedly refuse to pay their debts (though the debt collector can still report you to a credit bureau).

    A debt collector may not use false statements when trying to collect a debt. For example, a debt collector may not

  • misrepresent the amount of the debt;
  • falsely imply that the debt collector is a lawyer;
  • tell you that your property or wages will be seized, garnished, attached, or sold, unless the debt collector or the credit grantor intends to do so and it is legal;
  • threaten any action unless the action is lawful and the debt collector (or creditor) intends to take that action.
    • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
    Next FAQ

    FAQs

    More

    Find a Lawyer

    Legal Issue
    Location

    FindLaw for the Public - Forms

    ABA Family Legal Guide

    Editors' Picks

    Bookshelf

    Full-text books you can read for free online:

    See All Bookshelf Titles