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Questions And Answers Regarding Debt Collectors

A debt collector may contact you in person, by mail, telephone, telegram, or fax. However, they cannot contact you at unreasonable times or places. Also, they cannot contact you at work if your employer disapproves or at home if you have written them and told them not to do so.

A debt collector is any person, other than the creditor, who collects debts owed to others. This also includes attorneys who collect debts as a regular source.

You can stop a debt collector from contacting you by writing a letter to his collection agency asking him to stop. The agency many only notify you if the debt collector or the creditor intends to take some specific action. Within five days after you are first contacted, the collector must send you a written notice telling you the amount you owe, the name of the creditor, and what to take if you believe you do not owe this bill.

If you have an attorney, the debt collector may not contact anyone other than your attorney. If you do not, the collector may contact other people but only to find out where you live and work.

Collectors are prohibited from contacting allowable third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney the reason why he is trying to reach you.

Also, a collector may not contact you if, within 30 days after you are first contacted, you contact the collections agency 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, etc.

What Debt Collectors Are Prohibited From Doing

They may not use harassment such as: 1) Use threats of violence or harm; 2) Publish a list of consumers who refuse to pay their debts; 3) Use obscene or profane language; 4) Use the telephone to annoy anyone; 5) Not identify themselves; 6) Advertise your debt.

Collectors may not state that: 1)You will be arrested if you do not pay the debt; 2)They will seize, garnish, or sell your property or wages, if the collection agency or creditor does not do so; 3) Actions, as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to do so.

Debt Collectors may not: 1) Give false credit information about you; 2) Use a false name; 3) Send you anything that looks like an official document when it is not.

They may not make false statements such as: 1) Falsely imply they are attorneys; 2) Falsely imply you have committed a crime; 3) Pretend they work for a credit bureau; 4) Misrepresent the amount of your debt; 5) Indicate the papers being sent to you are legal when they are not; 7) Or indicate the papers being sent to you are not legal when they are.

You have rights. But only you can assert them. Do not ignore the debt collectors or their letters. Some collectors follow the law, but you are responsible to ensure any contact with them is lawful. If they violate your rights, they sure will not sue themselves.

When dealing with collections agencies, make sure you are familiar with the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Check out the Fair Debt Collection Practices Act website. It is great and has almost everything you will ever need.