Don't Let Rogue Debt Collectors Harass You!

I recently heard a horrifying story that made me decide to write this Blog. A man said that he received a call from a “Process Server working for the County,” and that he was going to serve the man if he didn’t call the debt collector and pay the bill. He went on to explain that if he had to serve the man work, he would have to alert his work supervisor that he did not pay the debt.

Let me start by saying that a process server does not usually contact you. At times, they may contact you to find a way to amicably serve you, but they will not be contacting you to coax you into paying the debt.

In another example, debt collectors are calling consumers holding themselves out as, “Officers,” or some other title affiliated with a government organization and that they are coming to arrest you if you do not pay the debt. I have even heard of them say they work with the District Attorney’s office. If you get one of these calls, try to get contact information and names, but don't give them any of your personal information. Then hang up and report it to your local authorities. It is a criminal offense for a debt collector to impersonate a government official.

Both of these harassing collection methods are examples of violations of the Fair Debt Collection Practices Act, a federal law that can be found at 15 U.S.C. § 1692. Take a look at the law if you are interested in seeing what your rights are and the limitations placed on debt collectors. https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

Thankfully, in America, we do not have a debtor’s prison and you cannot go to jail for not paying a debt.

I do want to clarify failure to pay certain types of debts can result in jail time, but those are limited circumstances relating to criminal fines, penalties and restitution or a conviction of contempt for failure to pay child support.

It should also be noted that in Oklahoma, once a creditor obtains a judgment against you, it can order you to come to court to conduct what is known as an Asset Hearing. If you fail to attend the Asset Hearing when ordered by the Court, you can be held in contempt, which may result in jail time. However, the punishment is for disobeying a court order and not for failure to pay the debt.

* This is informational material and is not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your state.