Student loan debt is a burden carried on the backs of many students these days. During college study and for six months after graduation, students and recent graduates do not have to worry about student loan debt repayment. Eventually, however, all student loan debtors will have to start making payments on their loans.
The picture painted in the media that which portrays the average student loan debtor is often on of a young person in their twenties or early thirties; young, not yet having obtained a higher salary that comes with more experience.
The fact is that the current student loan crisis is not new. Students have been borrowing money to pay for college for decades upon decades. Of the total $1.2 trillion of the student debt held by Americans, $20 billion is held by senior citizens.
Therefore the face of the student loan debt repayment crisis is not just that of a 22 year old holding an entry level job. Student loan debt is held by the single twenty something; the married couple with kids; single moms; grandparents who have been paying on their student loan debt for decades!
All of these people are susceptible to debt collection harassment when student loan payments are missed. Debt collection agencies seek out unpaid debt more vigorously then bears like honey. The question that remains is when does debt collection change from a legitimate business pursuit to become illegal debt collection harassment.
Americans with unpaid education loans and behind in payments have rights. The Fair Debt Collection Practices Act (FDCPA) and the laws of the various states ensure that those rights are upheld.
Student loan holders should expect that the student loan debt collector openly states that the communication is indeed to collect a debt. They should be told that information received is being used to collect debt too. The collection agency must openly state who they are each and every time they contact the debtor.
Debtors do not have to take the debt collection amount as being true; they can dispute the claims made against them. Collectors cannot threaten the debtor with false claims that legal action can be pursued.
If the debtor is being verbally abused and slammed with profane language, the collection agency is violating the law. Continuously calling the debtor with the intent to abuse, harass, and or annoy the debtor is also illegal. Calling the debtor before 8 am and after 9 pm is precluded. Reporting false information about the debtor to the credit bureau is not a valid way to collect debt. Contacting the debtor who is knowingly represented by an attorney is not allowed too.
All of these actions are forms of harassment.
If you or anyone you know has been subjected to an abusive, deceptive, or unfair debt collection effort by any business or firm, contact the Krohn & Moss, Ltd. Consumer Law Center for a FREE evaluation to learn how you can protect your rights and get your attorneys’ fees paid.
