Debt collector harassment or threats in West Virginia: what to do

If you answered “Yes” to “Has anyone threatened to hurt you, your family or your property?”

If you are in danger or someone threatened violence, call 911. Report the threat to the police and keep the case number.

Why: Threats of violence are a police matter, and debt collectors are also banned from using or threatening violence.

Start a record of every contact: date, time, phone number, the caller's name and company, and what was said. Save voicemails, texts, emails and letters, and take screenshots of call logs and social media messages.

Why: Records are your evidence for a complaint or a lawsuit. If a collector calls you more than 7 times in 7 days about a debt, or calls again within 7 days after a phone conversation with you about it, federal rules presume the calls are illegal harassment (the collector can try to prove otherwise). The count is phone calls only, but a flood of texts or emails can still be harassment.

If you want to record calls, first check your state's law on recording phone calls.

Why: The rules on recording a call without the other person's consent differ by state.

Don't make a payment or give bank details because of a threat or pressure on the phone. Ask for the collector's name, company, mailing address and the written validation notice.

Why: Collectors can't use false threats or urgency tricks to make you pay, and a real collector must give you written information about the debt.

Compare what happened with what federal law bans: threats of violence; obscene, profane or abusive language; calling repeatedly to annoy or harass; calling without saying who they are; calls before 8 a.m. or after 9 p.m. your time; calls at work when they know your employer doesn't allow it; threatening arrest or actions they can't take or don't intend to take; pretending to be a lawyer or the government; and messages about the debt that the public or your social media contacts can see.

Why: These are listed in the FDCPA (15 U.S.C. 1692c, 1692d, 1692e) and Regulation F. Writing down which ones happened makes complaints and legal help faster.

Send the collector a letter limiting contact (letter below): which phone numbers, times and places not to use, no calls at work, and how it may contact you. To stop contact completely, use the stop-contact letter in the debt-collector-calling plan. Keep a copy and proof of mailing.

Why: A collector must not use a way of contacting you that you asked it not to use, must not contact you at times or places it knows are inconvenient, and must stop most contact after a written stop request. The debt doesn't go away.

If you answered “Yes” to “Has the collector told your family, friends, employer or neighbors about the debt, or posted about it on social media?”

Write down who the collector contacted (family, friends, employer, neighbors), when, and what they were told. Ask them to write down what they remember and to save any messages.

Why: A collector may contact other people only to find out where you live or work, without saying you owe a debt, and generally only once. It may not post about your debt where the public or your social media contacts can see it.

If you answered “Yes” to “Has the collector threatened arrest or jail, a lawsuit, or taking your wages, bank account or property?”

Check the threat. A collector can't have you arrested for not paying a debt. Taking wages or a bank account generally requires a court judgment first. If you got court papers, confirm the case with the court using a number from the court's own website, and follow the sued-by-debt-collector plan.

Why: It is illegal to threaten arrest or any action that isn't legal or that the collector doesn't intend to take. But if you are sued and ignore a court order, a judge can act, so real court papers must not be ignored.

If you answered “Yes” to “Has the collector threatened arrest or jail, a lawsuit, or taking your wages, bank account or property?”

If the collector threatens to sue over an old debt, check your state's time limit (link below).

Why: Federal rules forbid debt collectors from suing or threatening to sue on a debt that is too old.

If you answered “The company I originally owed (my bank, store, hospital, landlord) / Not sure” to “Who is contacting you?”

If the original company is collecting its own debt, check whether your state's debt collection law covers creditors too (link below).

Why: The federal FDCPA generally covers collection agencies, debt buyers and collection law firms, not a creditor collecting its own debt in its own name. Some states' laws also cover creditors.

File a complaint with the CFPB and with your state's debt collection regulator or attorney general (links below). Attach your call log and copies of messages.

Why: The CFPB forwards your complaint to the company and asks for a response; state regulators can investigate and act against licensed collectors.

If the harassment continues or caused you harm, talk to a consumer lawyer or legal aid about suing. You can also sue on your own, including in small claims court if your claim fits its limit.

Why: Under the FDCPA a court can award your actual damages (including emotional distress where the court allows it), up to $1,000 more, and your court costs and attorney's fees. You must sue within 1 year of the violation. Your state's law may give more remedies or more time.

If you hire a lawyer, tell the collector the lawyer's name and contact information in writing.

Why: Once a collector knows you have a lawyer for the debt, it must generally contact the lawyer instead of you.

Keep your log going and keep all records for at least as long as any complaint, dispute or lawsuit is open.

Why: New contacts after your letter are new evidence.

If you're not sure the debt is yours, use the debt-i-dont-recognize plan to dispute it.

Why: A written dispute within the validation period makes the collector stop collecting until it verifies the debt.