Dealing with debt collection can be a stressful and overwhelming experience. However, it is important to understand that in Nova Scotia, there are laws (The Collection Agencies Act and the Consumer Creditors Conduct Act ) in place to protect individuals from unfair practices and violations. By knowing your rights under Nova Scotia debt collection laws, you can assert control over communication, access important information about the debt, and protect your privacy. In this article, we will explore the key rights and protections provided to individuals in Nova Scotia when it comes to debt collection.
Understanding Nova Scotia Debt Collection Laws
In Nova Scotia, when it comes to debt collection, the regulations are clear. The province has strict regulations that protect both creditors and those who owe money. From limiting contact with employers to requesting information from debt collectors, those who owe money have legal rights and protections. Understanding these laws can help you navigate the debt collection process with as little stress as possible.
Employer Contact Restrictions
You may not know this, but you have rights when dealing with collection agencies. For instance, if a business is trying to collect money from you in Nova Scotia, they must follow specific guidelines, like not contacting your place of employment. However, there are exceptions to this rule. If your employer has guaranteed to pay the debt, or if the collection agency or business collecting the debt is specifically seeking your address, they may be permitted to contact your employer. Understanding these exceptions is crucial in knowing when your employer may be contacted regarding your debt.
Right to Controlled Communication
One significant right individuals have under Nova Scotia debt collection laws is the ability to request that collection agencies and businesses only communicate with them through a lawyer or at an address they provide. This right allows individuals to maintain control over communication and protect their personal privacy. By exercising this right, you can ensure that contact regarding the debt is directed to an authorized representative, providing you with the peace of mind you deserve.
Information Rights
In Nova Scotia, individuals also have the right to request specific information from debt collectors. This includes the identification of the collector, the amount of repayment sought, and the name of the organization they represent. Knowing who is seeking repayment is crucial in verifying the legitimacy of the debt and protecting oneself from potential scams or fraudulent collection attempts. It is within your rights to ask for this information, and you should never hesitate to exercise this right.
Harassment and Bullying
Unfortunately, not uncommonly individuals find themselves feeling harassed and bullied by collection agencies. By law, debt collectors are not allowed to threaten, intimidate or speak abusively to you or your family. There are also rules about when and how frequently collection agencies can call you in Nova Scotia. The cannot call so frequently that you feel you are being harassed. The limit put on this is that they cannot call more than 3 times in a seven day period. As well, collectors cannot call on Sundays, or any other days between 9:00 pm and 8:00 am.
Reporting Violations and Seeking Remedies
If you believe your rights under Nova Scotia debt collection laws have been violated, it is important to know the proper channels for reporting these violations. You can report the violation to the Department of Service Nova Scotia and Internal Services. They have the authority to investigate complaints and take action against violators of debt collection laws. Additionally, seeking legal advice can provide insight into the available remedies and options for addressing unfair or illegal collection practices. An experienced lawyer can guide you through the process and advocate on your behalf.
Conclusion
Understanding your rights and protections under Nova Scotia debt collection laws is essential for protecting yourself from unfair practices. By asserting control over communication, accessing necessary information, and reporting violations, you can ensure that your rights are respected throughout the debt collection process. Remember, you have the right to ask debt collectors to communicate with you only through a lawyer or at an address you provide, as well as request information about the debt and its collector. Knowing your rights empowers you to make informed decisions and take appropriate action when necessary. If you’re feeling overwhelmed or wish to talk with professionals, we’re here to help. Get in contact with our Kentville office, Halifax office or Dartmouth office to discuss your debt situation and potential solutions.