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DEBT COLLECTION AGENCY
Who can be a debt collector?
A debt collector is any person who regularly collects
debts owed by consumers. This can include attorneys who collect
debts on a regular basis. Generally, the Fair Debt Collection
Practices Act does not apply to creditors collecting on debts
owed directly to them.
In which ways can a debt collector contact you?
- A collector may contact you in person, by mail, telephone,
telegram, or fax.
- A debt collector may only contact you between 8 a.m. and
9 p.m. unless you agree to otherwise.
- A debt collector also may not contact you at work if the
collector has knowledge of your employer’s disapproval
of this contact.
How can you stop a debt collector from contacting
you?
- By writing a letter to the collector and telling them to
stop, you can cease contact with the collector.
- Once the collector receives your letter, they may not contact
you again unless the creditor plans to take some specific
action.
- This does not make the debt go away and you can still be
sued by the creditor.
- Your credit report will still show this debt as owing.
Who can the debt collector contact about your debt?
- Collectors must contact your attorney if one represents
you.
- If you do not have an attorney, a collector may contact
other people to find out where you live, what your phone number
is, and where you work.
What information do you have the right to know about
your debt?
- Within five days after a collector contacts you, they must
send you a written notice telling you the amount of money
you owe, the name of the creditor you owe the money to, and
how to contest the debt if you believe it to be untrue.
What types of debt collection practices are prohibited?
According to the Federal Trade Commission and the
Fair Debt Collection Practices Act, debt collectors are prohibited
from the following practices:
- Harrassment
- Debt collectors may not harass, oppress, or abuse you or
any third party they contact.
Debt collectors cannot:
- threaten harm to you or use obscene or profance language;
- publicly list consumers who refuse to pay their debts;
or
- make repeated attempts by telephone to annoy you.
False Statements
Debt collectors may not use any false or misleading
statements when collecting a debt by:
- falsely implying that they are attorneys or government representatives;
- falsely implying that you have committed a crime;
- falsely representing that they operate or work for a credit
bureau;
- misrepresenting the amount of your debt;
- indicating that papers being sent to you are not legal
forms when, in fact, they are.
- Debt collectors may not give false credit information about
you to anyone, including credit bureaus.
- They may not send you anything that looks like an official
document from a court or government agency when it is not,
and they may not use false names.
Unfair Practices
Debt collectors may not engage in unfair practices
when they try to collect a debt. The unfair practices include:
- collecting any amount greater than your debt;
- depositing a post-date check prematurely;
- deceiving you into accepting collect calls or pay for telegrams;
- threatening to take your property unless they can legally
do this;
- contacting you by postcard; or
- applying your payment to a debt other than the one you
have indicated.
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