Just because a past due account has already been referred to a collection agency does not give that agency liberty to do anything it wants. Certainly, there are things that a collection agency cannot do. For one thing, it cannot and should not contact a borrower at his place of work, and must never use abusive language or threaten the borrower in any way.
Sure the agency may inform the borrower that it is planning to sue him for failure to pay the debt in due time, but if there is no actual move by the collection agency to do so, then that can constitute as harassment, and the borrower has the right to make the necessary complaint against the agency.
The borrower, too, can request the collecting agency to cease calling them especially if there is already harassment and the use of foul and threatening language. If it does not heed to his request, he can approach the Federal Trade Commission (FTC) to make a formal complaint.
In the event that a lawsuit will, indeed, be filed, the FDCPA requires that the filing be done at a court that is close to the borrower’s locality, or at least within three hours drive only.
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