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Debt
Collectors
There is some valuable information you should know about Fair
Debt Collection laws.
If you use credit cards, owe money on a personal loan, or are
paying on a home mortgage, you are a "debtor." If you fall
behind in repaying your creditors, or an error is made on your
accounts, you may be contacted by a "debt collector."
In either situation, the Fair Debt Collection Practices Act
requires that debt collectors treat you fairly and prohibits
certain methods of debt collection. Of course, the law does not
erase any legitimate debt you owe. Here's some helpful
information:
What debts are covered?
Personal, family, and household debts are covered under the Act.
This includes money owed for the purchase of a car, for medical
care, or for charge accounts.
Who are debt collectors?
A debt collector is any person who regularly collects debts owed
to others. This includes professionals who collect debts on a
regular basis. Many collection agencies employ people who work
in phone banks, calling all day to try to retrieve money owed.
How may a debt collector contact you?
A collector may contact you in person, by mail, telephone,
telegram, or fax. However, a debt collector may NOT contact you
at inconvenient times or places, such as before 8 a.m. or after
9 p.m., unless you agree. A debt collector also may not contact
you at work if the collector knows that your employer
disapproves of such contacts.
Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a
letter to the collector telling them to stop. Once the collector
receives your letter, they may not contact you again except to
say there will be no further contact or to notify you that the
debt collector or the creditor intends to take some specific
action. Please note, however, that sending such a letter to a
collector does not make the debt go away, only the contact. You
could still be sued by the debt collector or your original
creditor.
May a debt collector contact anyone else about your debt?
If you have an professional, the debt collector must contact the
professional, rather than you. If you do not have an
professional, a collector may contact other people, but only to
find out where you live, what your phone number is, and where
you work. Collectors usually are prohibited from contacting such
third parties more than once. In most cases, the collector may
not tell anyone other than you and your professional that you
owe money.
What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector
must send you a written notice telling you the amount of money
you owe; the name of the creditor to whom you owe the money; and
what action to take if you believe you do not owe the money.
May a debt collector continue to contact you if you believe you
do not owe money?
A collector may not contact you if, within 30 days after you
receive the written notice, you send the collection agency a
letter stating you do not owe money. However, a collector can
renew collection activities if you are sent proof of the debt,
such as a copy of a bill for the amount owed.
What types of debt collection practices are prohibited?
Harassment. Debt collectors may not harass, oppress, or abuse
you or any third parties they contact.
For example, debt collectors may not:
Use threats of violence or harm
Publish a list of consumers who refuse to pay their debts
(except to a credit bureau);
Use obscene or profane language or repeatedly use the telephone
to annoy someone
False statements
Debt collectors may not use any false or misleading statements
when collecting a debt.
For example, debt collectors may not:
Falsely imply that they are professionals or government
representatives
Falsely imply that you have committed a crime
Falsely represent that they operate or work for a credit bureau
Misrepresent the amount of your debt
Indicate that papers being sent to you are legal forms when they
are not
indicate that papers being sent to you are not legal forms when
they are
Debt collectors also may not state that:
You will be arrested if you do not pay your debt (you can't be)
They will seize, garnish, attach, or sell your property or
wages, unless the collection agency or creditor intends to do
so, and it is legal to do so
Actions, such as a lawsuit, will be taken against you, when such
action legally may not be taken, or when they do not intend to
take such action
Debt collectors may not:
Give false credit information about you to anyone, including a
credit bureau
Send you anything that looks like an official document from a
court or government agency when it is not
Use a false name
Use unfair practices
Debt collectors may not engage in unfair practices when they try
to collect a debt.
For example, collectors may not:
Collect any amount greater than your debt, unless your state law
permits such a charge
Deposit a post-dated check prematurely
Use deception to make you accept collect calls or pay for
telegrams
Take or threaten to take your property unless this can be done
legally
Contact you by postcard
What control do you have over payment of debts?
If you owe more than one debt, any payment you make must be
applied to the debt you indicate. A debt collector may not apply
a payment to any debt you believe you do not owe.
What can you do if you believe a debt collector violated the
law?
You have the right to sue a collector in a state or federal
court within one year from the date the law was violated. If you
win, you may recover money for the damages you suffered plus an
additional amount up to $1,000. Court costs and professional's
fees also can be recovered. A group of people also may sue a
debt collector and recover money for damages up to $500,000, or
one percent of the collector's net worth, whichever is less.
Where can you report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state
professional General's office and the Federal Trade Commission.
Many states have their own debt collection laws, and your
professional General's office can help you determine your
rights. |