Badger Saddle

Shame, Judgment, and Debt Collection

If you’re drowning in debt, you’re certainly not alone. The Great Recession triggered a tsunami of financial problems for the American consumer. And, while big business has been the beneficiary of government bailouts, tax loopholes, and other types of largesse, ordinary people haven’t been so lucky. But surrounding the facts about consumer debt is something that most people are hesitant to discuss: the feelings they have about being over their heads in debt. Unfortunately, debt collectors often prey on these feelings to try to put the squeeze on consumers.

From the ordinary person’s viewpoint, being in debt can lead to feelings of frustration, shame, and even desperation. No one plans on getting behind in his or her payments. Sometimes, life just happens. People get sick and run up medical bills, people lose their jobs and have to survive on unemployment, or the car breaks down and people are saddled with unexpected repair expenses. While we may not have been saving as much as we should, and we may have charged more or bought more than we should, the financial industry is an accomplice. In the run-up to the economic crash in 2008, financial institutions were extending massive amounts of credit to people who really couldn’t afford it, whether in the form of loans, credit cards, or mortgages. When it came time to pay, the economy had crashed and there was simply no money, no jobs, and no light at the end of the tunnel.

It’s understandable that this set of circumstances could lead to frustration. But being in debt isn’t shameful, and those who owe money shouldn’t allow themselves to become victimized by the seedy underbelly of the financial industry, namely the debt collection industry. The position of many in the debt collection industry is that consumers who are behind on their bills are deadbeats, and that they’ll go to any lengths necessary to collect every dollar.

Because money is so tight, an increasing number of debt collection agencies are skirting the law – or breaking the law – and using unsavory debt collection tactics. They count on the fact that most people feel shame or embarrassment about their debt, and leverage that to threaten or shame people into making payments that they can’t afford.

If you’re being hounded by a debt collector, it’s important that you know your rights under the federal Fair Debt Collection Practices Act (FDCPA). You may owe money, but you’re also entitled to retain your dignity and respect. According to the FDCPA, debt collection agencies are not allowed to threaten you, to call you late at night or early in the morning, to misrepresent who they are, or to otherwise trick you into paying a bill.

There are a million and one horror stories of debt collection agencies that use illegal practices in order to collect money from unsuspecting consumers. These debt collectors pass judgment on those they harass, and feel that the end justifies the means. The bottom line is that it’s up to you to hold debt collectors accountable for their actions. The FDCPA includes provisions for consumers to sue debt collectors in federal court, and to receive up to $1,000 plus attorney fees when a debt collection agency crosses the line.

Remember that it’s not shameful to get behind in paying your bills, but that debt collection agencies will try to leverage your discomfort to their advantage. Refuse to let them badger you into a payment plan that’s not in your best interest, and don’t let them get away with breaking the law.

About the Author

Sergei Lemberg, Esq. is the Principal of <a href=”http://www.lemberglaw.com”> Lemberg & Associates</a>, a law firm specializing in <a href=”http://www.stopcollector.com”>fair debt collection law</a>, lemon law, and other consumer law.

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