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Fair
Debt Collection In America
By David Oliver
Here is a great article on laws regarding collecting money you might owe
in America. At this time, I can really on provide information regarding
this for US citizens. I am working on other countries as well (but I am
only one person).
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."
You should know that 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.
This brochure answers commonly asked questions about your rights
under the Fair Debt Collection Practices Act.
What debts are covered?
Personal, family, and household debts are covered under the Act. This
includes money owed for the purchase of an automobile, for medical care,
or for charge accounts.
Who is a debt collector?
A debt collector is any person who regularly collects debts owed to
others. This includes attorneys who collect debts on a regular basis.
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 if you
actually owe it. 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 attorney, the debt collector must contact the attorney,
rather than you. If you do not have an attorney, 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 attorney 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 attorneys 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; or
- 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;
- 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; or
- 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; or
- use a false name.
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; or
- 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 attorney'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
Attorney General's office (look in phone book or call information) and
the Federal Trade Commission (www.ftc.gov).
Many states have their own debt collection laws, and your Attorney
General's office can help you determine your rights.
SIDE NOTE BAR
My mom was viciously verbally attacked over the phone from one of the
meanest collection people in the world. This man was pure evil. He
screamed, yelled and threatened her. He called her neighbors. By the
time I had found out what had happen, my mom had been so stressed she
had had a major relapse. I didn't know my rights and was stressed
myself. After one day of research, I retailed back against the collector
and his company. I not only called every single government agency that
would be involved but also contacted the president of the company of the
guy that called my mom. It was amazing how fast he stopped calling my
mom and how serious and friendly the collection agency got once they
knew I called the FTC and the Attorney General in various states. He was
in BIG trouble. He will never do this again. It's up to YOU to report
these people. If you don't they will go on to do it to someone else.
Someone who could be really very sick and someone who could suffer more
than you.
About The Author
David Oliver is the founder of
BorderlineCentral.com
a one stop source of information on how to cope and deal with borderline
personality disorder.
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