There are several reasons why a person maybe late with the payment of their monthly installment. Any sudden unfortunate event, any mishandling of the monthly budget can delay the payment of your monthly installment. Most people dread the embarrassment and the ordeal that they might have to go through if they fail to pay back their loans. However, people might fail despite taking all the right steps, and if you have indeed missed a deadline, then you need not worry.
What To Do If You Have Missed The Deadline For Your Loan Installment
If you have missed the deadline for paying your loan installment, you should try to pay it as soon as you can. However, in the interim, you will be contacted by bill collectors. These bill collectors might be intimidating. But they cannot harass you unnecessarily.
If you face undue harassment, you should immediately contact a lawyer. You can go to yourlegalrightsadvocates.com to learn more about your bill collector harassment lawyer.
However, before going to the lawyer, you need to know under what circumstances it is appropriate to call a lawyer or sue a bill collector. Here are some of the reasons why you should sue your bill collector.
When Is It Appropriate To Sue Your Debt Collector
1. When They Do Not Reveal Their Actual Identity
If a debt collection agency representative visits your house, he is expected to reveal his identity and the purpose of the visit. They are supposed to tell you the name of the company that hired them, and they should also show you their identity cards before proceeding with the bill collection process.
However, at times these agents mislead the common person. If they wish to gather more information about the borrower, they might pretend to be a lawyer or a surveyor. They might want to know if you are purposely delaying the payment of the installment or whether you intend to default on the entire loan amount etc. In case you find that a debt collection agent is misleading you or he is misrepresenting his identity, then you should sue him.
2. Uses Foul Language Or Physical Abuse
Debt collection agents might raise their voices or use harsh language because they want to make sure that you pay your loan on time. However, they are legally not allowed to use harsh language or abusive words.
Some agents might also physically abuse you by pushing you or even hitting you. In such cases, you should immediately file charges against the debt collection agency. A debt collection agency does not have the right to physically harm you under any circumstances whatsoever.
3. Misrepresenting The Amount That Needs To Be Paid
Many bill collection agencies are known to fabricate the details of the money that remains to be paid. They might also add new charges every day. Under such circumstances, you should immediately contact the bank or the organization which had initially granted the loan to you.
If you have a clear contract that states the rate of interest, the time period within which you will repay the loan amount etc., then you need not worry at all. An experienced lawyer will let you know how and under what charges you can book the bill collection agency for misrepresenting the amount that needs to be paid back.
4. Receiving False Threat
A debt collector might issue false threats about the consequences of not paying the installments on time. They might say that they have the authority to seize your tangible property like your house, your land assets etc. However, you should know that the agency does not have an automatic right to seize or sell off your assets to recover the loan amount.
Only those assets that have been mortgaged can be sold off, and that too after following due procedure. So if any agency issues false threats about illegally occupying or selling off your property, then you need to consult your lawyer.
5. Contacting At Inappropriate Hours
A debt collector cannot contact you as and when they want. They are expected to contact you during the morning or evening; that is, they should not call you very early in the morning or very late at night. If they ever contact you after 8 or 9 pm, then you can consider that as harassment and press charges against them.
6. If They Leak Your Personal Financial Information
If you come to know that your bill collector has leaked your personal financial information, like your loan amount or your bank details, then you should sue them. Banks and other loan-giving institutions hire a bill collection agency to recover the loan amount. However, the agency is duty-bound to maintain confidentiality. They are legally forbidden to share your personal financial details with any other person or organization.
7. If They Send Too Many Reminders
A collection agency is supposed to send you reminders at regular intervals of time. But they are not supposed to send too many reminders. So if a bill collector is making excessive calls or sending too many emails or messages, it is a cause for concern. If they call many times in a single day or if they send many messages at odd hours, then that counts as harassment. Under these circumstances, it makes sense to press charges against your tormentor.
Conclusion
Many debt collection agents do not follow the appropriate code of conduct when they visit borrowers. However, they are legally expected to follow a strict code of conduct. They cannot physically or verbally abuse the borrower at any time. They are also forbidden from misleading the borrower in any way. This includes misrepresenting the bill amount or misrepresenting their own identity.
Not being able to repay a loan on time can be embarrassing and stressful, but you need not tolerate undue harassment from your bill collector. If you have the slightest doubt that you are being harassed, then it is a good idea to consult your lawyer for further advice.
