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Unlawful debt collection practices

South Carolina residents who are attempting to resolve their overwhelming financial obligations are not always legally obligated to deal with creditor harassment. Many of the practices that debt collectors engage in, such as calling at inconvenient times of the day and discussing a person's debt with third parties, are unlawful. The federal Fair Debt Collection Practices Act was set up to protect debtors from this type of harassment.

Debt collectors are not allowed to contact a person about unpaid debt between the hours of 9 p.m. and 8 a.m. For most people, this period of time is when they are either sleeping or resting in bed. If a person tells a debt collector not to contact them at other times of the day that are inconvenient for any reason, the debt collector must adhere to this request.

Often, a debt collector that does not have a debtor's current phone number will try to get in touch with them through third parties. Although the debt collector can contact third parties, they may not discuss the debt that they are calling about with the third party. When contacting a third party, a debt collector is only allowed to ask if they can speak with the debtor and whether or not the number is a good way to reach the debtor.

Once a person has hired a lawyer to help them resolve their debt problems, debt collectors are no longer allowed to contact them directly. A debt collector who persists in calling a debtor after being told to communicate with the debtor's lawyer may be sued for harassment. In addition to helping a debtor to stop creditor harassment, a lawyer may be able to help a debtor find solutions for resolving overwhelming credit card debt.

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The Huggins Law Firm, PA

Columbia Office
1812 Lincoln Street
Suite 201
Columbia, SC 29201

Phone: 803-764-1558
Fax: 803-764-1563
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925-D Wappoo Road
Charleston, SC 29407

Phone: 843-509-0039
Fax: 866-481-2325
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