Today’s economy has put many people in financial situations they never thought they would find themselves. Every day individuals throughout the state of Florida are contacted by debt collection agents seeking money owed on a variety of things including credit cards, medical bills and mortgages.
As we have mentioned in previous posts there are laws that are designed to protect debtors from creditor harassment. Among other things creditors are prohibited from threatening a debtor, harassing a debtor and damaging or destroying a debtor’s property. Though these laws exist, creditors throughout the nation routinely ignore them in the quest to recover the money they are seeking.
In a bizarre case a debt collection business in Southern California is facing consequences for perpetrating creditor harassment. The owners of the business-a husband and wife – are being held responsible after a collector with the business reportedly verbally threatened a woman who owed money for the funeral of her daughter. Allegedly the collector said the business would unearth her daughter’s body and hang it from a tree. To add insult to injury, the representative also threatened to take the woman’s dog to eat.
In addition to being forced to close their business, the couple has been charged with violating both the Fair Debt Collection Practices Act and the Federal Trade Commission Act. These two acts are in place to protect debtors from these exact types of situations.
When a creditor illegally harasses a debtor while seeking payment, should the debtor decide to file a lawsuit for the violation, the creditor may actually end up having to pay the debtor.
Source: Huffington Post, “David Hynes Jr. And Wife Lorena Quiroz-Hynes Charged With Harassing Debtors, Collection Firm Shut Down,” Oct. 5, 2011