Sharing this because it happened to me last month and I had no idea my rights were being violated.
A collector called me about an old credit card balance and told me if I didn't pay that week they would "have me picked up." I was honestly shaken. I barely slept for two days. Then I started reading up on Hawaii law and found out consumer debt is a civil matter, so an arrest threat over it is flat out illegal under both federal law and HRS Chapter 480D.
What I learned since then:
They cannot threaten arrest, jail, or wage garnishment without a court judgment
They have to send written notice within 5 days of first contact
They cannot discuss your debt with your family or coworkers
If you dispute in writing within 30 days, they have to pause collection until they verify
If they violate the law you may be able to recover damages plus attorney fees
I documented everything, sent a written dispute, and filed a complaint with the DCCA. Still waiting on that but the calls stopped once they knew I was keeping records.
If a collector ever threatens you like that here, take it seriously but know that the threat itself is a violation. Found this breakdown helpful: https://protectionforconsumers.com/hawaii-fair-debt-collection-practices-act-overview/
Has anyone actually gotten money back from one of these cases? Wondering if it's worth pursuing further.
Answered 16 hrs ago
marry jonathan
Sharing this because it happened to me last month and I had no idea my rights were being violated.
A collector called me about an old credit card balance and told me if I didn't pay that week they would "have me picked up." I was honestly shaken. I barely slept for two days. Then I started reading up on Hawaii law and found out consumer debt is a civil matter, so an arrest threat over it is flat out illegal under both federal law and HRS Chapter 480D.
What I learned since then:
They cannot threaten arrest, jail, or wage garnishment without a court judgment
They have to send written notice within 5 days of first contact
They cannot discuss your debt with your family or coworkers
If you dispute in writing within 30 days, they have to pause collection until they verify
If they violate the law you may be able to recover damages plus attorney fees
I documented everything, sent a written dispute, and filed a complaint with the DCCA. Still waiting on that but the calls stopped once they knew I was keeping records.
If a collector ever threatens you like that here, take it seriously but know that the threat itself is a violation. Found this breakdown helpful: https://protectionforconsumers.com/hawaii-fair-debt-collection-practices-act-overview/
Has anyone actually gotten money back from one of these cases? Wondering if it's worth pursuing further.