Debt Collection
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Sometimes the creditor will refinance or otherwise modify the payment agreement rather than pay a collector. If the creditor does turn the debt over to a debt collection agency,you do have certain rights.
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 collector.
If you dispute an item in the file a collection company has on you, you should give the collector written notice. The debt collector must provide you with the necessary forms for the written notice and must help you fill out the forms if you request assistance. The collection agency has 30 days after receiving your written request to determine whether or not the disputed item is correct.
If the item is incorrect, it must be fixed. The collector must alert anyone who has already received a report containing the incorrect item. If, at the end of 30 days, the collector has not been able to determine whether or not the item is correct, the collector must make the change you requested and notify anyone who received a report containing the incorrect item. If it is later determined that the item was correct after all, you must be notified and collection efforts may be continued.
Of course, the law does not erase any legitimate debt you may owe.
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 collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.
How may a collector contact you?
A debt collection company may contact you in person, by mail, telephone, telegram, or fax. However, a 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 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 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 collector or your original creditor.
What must a collection company 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 contact anyone else about your debt?
If you have an attorney, the 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.
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 collection practices are prohibited?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact.
You may stop a collector from contacting you by writing a letter to the agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact, or to notify you if the collector or the creditor intends to take some specific action.
For example, debt collection agencies 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. Collectors may not use any false or misleading statements when collecting a debt.
- 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.
- 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.
- 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.
- 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.
For example, debt collectors may not:
Debt collectors also may not state that:
Collectors may not:
Debt Collection Unfair practices. Collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
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 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 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 collector for an alleged violation?
Report any problems you have with a collector to your state Attorney General's office and the Federal Trade Commission. Many states have their own collection laws, and your Attorney General's office can help you determine your rights.
Dealing with a collector can be one of life's most stressful experiences. Harassing calls, threats, and use of obscene language can drive you to the edge. What's worse, a collection agency may embarrass you by contacting your employer, family or neighbors.
You may even be hounded to pay a debt that is not rightfully yours. Sure, collection agencies have a job to do. Even so, there are limits on how far a collector can go.
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