A-Infos (en) US, Pittsburgh, Archist journal, Steel City Revolt! Issue #2 - Let’s Talk About Debt Baby, Let’s Talk About You and Me

The economy in the United States is tanking. The government is intervening massively in 
the market, while borrowing vast sums to continue waging two wars overseas and forestall a 
full-blown depression here at home. While many corporations are getting bailed out, the 
working class, the poor, and the unemployed are suffering foreclosures of homes, 
repossessions of cars and large assets, and harassment from debt collectors for credit 
cards. ---- The growth and continuation of modern capitalism in the U.S. depends in large 
measure on the easy availability of credit, and the need to push workers towards 
accumulating vast debts. Increasing debt allows increasing consumption. It also creates 
insecurity, increases worker competition, and pushes up working hours, all of which 
depresses wages. A host of companies exist to promote debt, profit off of it, and then 
profit off of the inability of some to play their roles in the never-ending cycle.

As the economy continues its collapse and debt default rates increase, there are 
increasing opportunities for anarchists to talk about the role of debt around the world in 
capitalism and economic imperialism, and to undermine the illusionary consensus on which 
capitalism thrives. Consumer debts, unpaid medical bills, and the use of credit cards to 
pay for food are all connected to third world debt, the IMF-WB, and Wells Fargo. We 
libertarians should help make it as easy as possible for people to default and help create 
a culture where defaulting is seen simply as the logical consequence of the system.

The average household carries a huge amount of credit card debt ($8,400), which carries 
some of the worst interest rates for borrowers. However, this debt is legally considered 
“unsecured debt,” meaning the credit is given without any collateral. The practical result 
is that lenders can’t repossess from those who fail, or chose not, to pay.

Below is information I came across in my own efforts to understand how debt collections 
function. Please note that I am NOT a lawyer and this is not legal advice. It may, 
however, provide a point of entry for people to begin learning more. Information is power.

1. If you contact a debt collector and tell them you don't want them to contact you 
anymore, they have to stop calling/harassing you. The way to do this is to do it in 
writing, certified mail with return receipt requested. They can still, however, sue you, 
or contact you to inform you what they're going to do in response to your letter.

2. Debt collectors can't use a fake name when contacting you.

3. If you contact a debt collector and tell them you don't think the debt is valid, they 
can't contact you until they give you proof about the debt. They can still, however, sue 
you, or contact you to inform you of what they're going to do in response to your letter.

4. A debt collector can't call you at work if they know your employer disapproves of such 
calls. Telling them so is the quickest way to end harassment at work.

5. A debt collector can't contact you at all if they know you are represented by an 
attorney, unless your attorney doesn't respond in a reasonable period of time to their 
request, or unless your attorney gives them permission to contact you.

6. A debt collector can't contact people besides you (family, friends, neighbors, etc.) 
except to figure out how to reach you. They can't tell them that you owe them money, that 
they are a debt collection agency, etc., nor can they harass or pressure other people to 
do anything.

7. If a debt collector violates any of the above or anything else under the Fair Debt 
Collection Practices Act (FDCPA), they can be sued (generally in small claims court or as 
part of a class action) for $1,000 per violation. Debt collectors have been shut down by 
large judgments against them for violating these rules!

8. In Pennsylvania, the statute of limitations for most debts is four years. This means if 
it has been four years since you last made a payment (or borrowed), Pennsylvania courts 
cannot be used to collect the debt. If you got a credit card from outside of Pennsylvania 
the state statute where you got your card applies. One important implication of this is 
collectors will sometimes try to get you to make a very small, seemingly token, good faith 
payment to reset the clock and give them another four years to try and collect more.

- Daniel P. article adapted and expanded by NK.

www.organizepittsburgh.org/scr
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