All About Debt Collection While On Disability

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Stop Debt Collectors While on Disability Using DoNotPay

Almost a third of the people in the U.S. are in some debt. But this doesn't mean that they should be treated as criminals. The Fair Debt Collection Practices Act (FDCPA) protects indebted individuals against any form of harassment by their creditors and debt collectors. The law even offers more protection to individuals living with a disability. But the sad thing is that not every debt collector, actually most of them, follows the laws and regulations stipulated in the FDCPA. The result is that most people end up being treated wrongly and even lose their disability benefits to debt collectors.

It's important to know how to handle and stop debt collectors. You need to know as well how often debt collectors can take you to court. The process can be frustrating from dealing with the debt collection agencies, their agencies, and the endless visits to the court without guaranteed success. But, there's no need to worry. DoNotPay is here to help you out.

This article looks at how you can quickly using DoNotPay. We'll also look at other incredible things you can do with DoNotPay, from negotiating with debt collectors to how to deal with debt collectors.

Let's get into it. But, a few things first.

What's FDCPA?

Life can get really hard. It can even get worse for those living with disabilities and owe creditors. Trying to pay a debt as a person with an impairment is a difficult task, especially when dealing with debt collectors. Luckily, there are laws, federal and statutory, that have been put in place to alleviate such situations.

The Federal Debt Collection Practices Act (FDCPA) was passed in 1977 and became effective March 20, 1978, to protect consumers, both individuals and businesses, against abusive, overly aggressive, and unfair debt collection procedures. The Act defines the appropriate legal actions against debt collectors who violate it.

The FDCPA stipulates that debt collectors may not:

  • Harass a debtor
  • Call at unreasonable hours –before 8 a.m. and after 6 p.m.
  • Threaten arrest or imprisonment
  • Contact third parties without the debtor's permission
  • Reveal a debtor's personal information
  • Threaten violence
  • Present the wrong facts
  • Falsify information in a bid to collect a debt
  • Abuse a debtor's family members or friends
  • Ignore request to cease uncomfortable information
  • Take advantage of their debtor's financial predicament, and
  • Use offensive or obscene language.

Are There Special FDCPA Provisions for People Living With Disabilities?

The FDCPA somehow protects people with disabilities, seniors, unemployed people, and veterans more against debt collectors since they're already at a disadvantage. As a person living with a disability, the FDCPA disallows debt collectors from accessing and taking your:

  • Protected disability income through wage garnishments.
  • Social Security Disability Insurance (SSDI) and benefits. However, Section 207 of the Social Security makes some exemptions when creditors may garnish your benefits to pay:
  • Child or spousal support
  • Unpaid federal taxes
  • Debts to other federal agencies like an overpayment of food stamps or unpaid student loans.
  • Public assistance
  • Stimulus check
  • Veterans' disability benefits, and
  • Workers' compensation benefits.

You can also check SSDI contact information here:

Company Social Security Disability Insurance
Mailing Address Mailing Portal
Phone Number 1-800-772-1213 (TTY 1-800-325-0778)
Email or Contact Form Email Form
Fax none

How To Deal With Creditors and Debt Collectors

Once you receive a letter or a phone call from a debt collector, find out as much as you can about them. Some of the information to gather includes their name, address, the amount owed, account number, account type, and any additional details about the account. Ensure you record this information. You can then call the debt collection client services asking them to cease communication. Don't hesitate to remind them about stopping communication with you if they call again.

What if They Sue Me?

A debt collector or creditor might decide to sue for lack of communication or unresponsiveness. You can fight off the case and win by proving that the debt collector violated the federal FDCPA. Get a lawyer, prove your disability, and ascertain that their debt collection approach harmed you. The creditor might even end up paying for damages.

How to Stop Debt Collectors on Your Own

There are ways you can deal with debt collectors on your own. Don't be afraid of picking calls and replying to emails to avoid mail citing your current financial situation –after all, "honesty is the best policy." Devise a repayment plan that you're comfortable with and try sticking to it. Don't ghost your creditor and debt collector, as you'll only be postponing problems.

If after the debt collector keeps calling you relentlessly after the agreement:

  1. Contact them once and remind them to stop calling for the last time. Record calls or make copies of mails and dispute letters sent to them with the request.
  2. File a complaint with the Federal Trade Commission (FTC).
  3. Reach out to your local consumer protection office for more personalized help.
  4. Hire an attorney to help fight off your case in case it reaches the
  5. Consider filing a class-action suit against the debt collector for violations and damages.

Here's How to Conveniently Stop Debt Collectors Using DoNotPay

The above process may be tedious with minimal chances of success. Dealing with debt collection agencies isn't easy. You might even not get an attorney who's willing to represent you. Don't worry.

DoNotPay is here to help you easily stop debt collectors in 3 simple steps:

  1. Search “debt collection” on DoNotPay.

  2. Answer a series of questions about the debt collectors, including when you were contacted and how you were contacted, so we can determine if they have violated any debt collection laws.

  3. Decide which course of action you want to take based on our guidance, such as filing a debt verification request, demanding for the collectors to stop contacting you, or reporting them to the CFPB.

And that's it! Once you choose the course of action you want to take, DoNotPay will handle the rest. We'll deliver your request directly to the debt collectors via first-class mail or file your complaint automatically with the CFPB so that they can no longer use unfair debt collection practices.

What Else Can I Do With DoNotPay?

DoNotPay is all about making your life more bearable. Apart from stopping debt collectors, here are other incredible things you can do with DoNotPay:

Please don't hesitate to sign up today and enjoy the fantastic world of DoNotPay.

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