Sooner or later, run-away debt will get you in trouble. When you find yourself knee-deep in credit card bills you can’t pay, or you’re months behind on your mortgage it can seem like you’ll never find a way out. Your debt controls every waking moment. And when it gets to the point where collection agencies are calling you, it can be an extremely stressful and frightening experience.

Maybe you know this first hand. If you've ever experienced the phone ringing and your stomach immediately drops to the floor (and this usually seems to happen when you have company), chances are you've had your fair share of scary moments.

You may have wondered, “Do I answer the phone or not?” Because you knew exactly what questions the caller would have for you.

"Can you get your account current day?"

"When can we expect your next payment?"

"How much money are you able to pay right now?"

And that was on a good day. Some poor souls have endured far worse.

It’s Time To Play Fair

Before the Federal Fair Debt Collection Practices Act (FDCPA) was passed in 1977, collectors often resorted to some pretty nasty tactics to get you to pay. And they got away with it. They were trained to "go for the jugular" and use emotional triggers like anger, hate, or fear to settle the debt. For example, there is one account where a lady was called by a collector and asked why she would stay with a deadbeat man that wouldn't pay his bills. There are even situations where young children were used as a ploy to get mom and dad to pay their debt.

Because of hair-curling stories like these and others, the Fair Debt Collection Practices Act now prohibits debt collectors from resorting to abusive, unfair, or deceptive means to collect a debt. This includes collection agencies, lawyers, and companies that buy up delinquent debts.

Bad Things Can Happen To Good People

Right now, you may be trying to get in control of your debt and get your life back. But collectors may be hounding you to the point you just don't know where to turn. You already know you are behind on your bills, and if that weren't stressful enough, you have to deal with the pressure put on you by collection agencies. If you find yourself in this situation, you need to arm yourself with the facts and know your rights under the FDCPA. Here is a brief summary of what the act ensures you.

Debts That Are Covered Under The Act

The FDCPA covers all family, personal, and household debts. That includes credit card debt, car loans, medical bills, and your mortgage. However, it does not cover business debt.

No Harassing Phone Calls

Any call from a collector has to occur between 8 AM and 9 PM. Collectors are not allowed to call repeatedly or resort to any type of harassment or name-calling. If you find a collector is getting nasty with you, you may want to simply tell him or her you are taping the call to make sure the guidelines of the federal Fair Debt Collection Practices Act are being followed. More than likely you'll see a swift change in attitude.

Calling Your Workplace

If you’ve told a collector you do not want to be called at work -- either orally or in writing -- then they must stop. And if the situation has gotten to the extreme, you can even send a cease-and-desist letter requesting they not contact you in any way at all unless they are informing you of legal action. This should only be done as a last resort, of course. You goal should be to pay what you owe when and if you can.

If you do decide to send a cease-and-desist letter, make sure to make a copy of it for your records. Then send the original by certified mail and make sure you get a return receipt so you'll know the collector received it.

Wage Garnishment

Collectors may not garnishee wages without suing you and then winning the case in court. (There is an exception and that is student loans. They can be garnisheed without due process.) If you’re sued in court and a judgment is entered against you, the judge will state the amount of money you owe, and allow the creditor to garnish that against your wages or direct your bank to turn over money from your account to pay the debt.

Whatever you do, do not ignore a lawsuit summons. If you do, you'll "lose your day in court" and will not be able to fight the garnishment.

Off-limits Behaviors For Debt Collectors

Under the FDCPA debt collectors are barred from harassment, oppression, and abuse. They cannot threaten you, publish your name as someone who does not pay their debts, use obscenities, profanities, or lies. They cannot threaten you with arrest, threaten you with legal action if they don't intend to take it, or threaten to take your property unless they can do so legally.

Debt collectors cannot try to trick you with official looking documents or try to contact you by postcard. Nor can they falsely claim that they are attorneys or government representatives, claim you have committed a crime, or give false credit information about you to anyone.

What To Do If You Think A Debt Collector Has Crossed The Line

Fortunately, you do not have to take any kind of abuse. You have the right to sue as long as you do so within a year from the date the law was violated. And if you win, the collector will have to pay you for damages. Keep in mind, however, even if a debt collector is in violation of the law, the debt you owe does not go away.

If you're having problems with a debt collector that cannot be resolved, take action. Contact your state attorney general's office and the Federal Trade Commission.

When All You Can Do Is All You Can Do, There Is Still Light At The End Of The Tunnel

Sometimes life throws you a curve ball, and through no fault of your own you find yourself in a position where you can't pay your bills. People get sick, they lose their job, or an economic meltdown shakes financial security to its core. If this has happened to you, there is light at the end of the tunnel. There is a way to get through this with your honor and peace of mind firmly intact. But you need a plan.

Debt consolidation and credit counseling are viable options for many people. If you’ve gotten to the place where you have to have help with your credit card debt, Debt Consolidation Connection is a nonprofit education credit counseling service that provides credit counseling. If necessary, they can help you enroll in a debt management program so you can benefit from debt consolidation. Sometimes all that's needed is a simple budget analysis and counseling. But if a credit counselor determines that debt settlement or bankruptcy is the best option, they can help refer you to appropriate sources.

Your rights under the Fair Debt Collection Practices Act means all hope cannot be taken from you. Don't let bad information, worry, doubt and embarrassment keep you from getting the help you need with a solid debt management program.