Some creditors go too far when it comes to collecting debts. Most recently, I heard of a creditor who made a post on the debtor’s Facebook page asking for payment. Clearly, a creditor cannot do this type of action to collect a debt. So, what can they do? They can call you, file a lawsuit, stop doing business with you, or report delinquent payments to the credit bureau.
What are some things that a creditor cannot do? 1) Garnish your debt. South Carolina only allows garnishments when you owe the government a debt, owe back child support, or alimony. You can also be subject to a garnishment order if you received the order when you were a resident of a state that allows garnishment. When I practiced law in Michigan people thought if they moved to another state the garnishment would end. It does not and South Carolina will accept a valid garnishment order from another state. 2) Creditors cannot harass you by threatening to harm you or use obscene language. 3) Creditors cannot have you arrested for not paying your bills. 4) They cannot come to your job to collect payment, or 5) Call any time of day if they are a debt collection agency. Under the Fair Debt Collection Practices Act, creditors cannot call before 8am or after 9pm based on the debtor’s time zone. This rule does not apply to the original creditor. 6) Finally, creditors cannot call you at work once you tell them not to call. If a creditor does call you at work, they cannot tell your coworkers they are collecting a debt.
Have questions? Call The Howze Law Firm LLC at 803-266-1812.