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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 by
prohibiting certain methods of debt collection. Of course, the
law does not forgive any legitimate debt you owe.
This page answers commonly asked questions about your rights under
the Fair Debt Collection Practices Act.
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.
is a debt collector?
A debt collector is any person, other than the creditor, who regularly
collects debts owed to others. Under a 1986 amendment to the Fair
Debt Collection Practices Act, this includes attorneys who collect
debts on a regular basis.
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 unreasonable
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.
you stop a debt collector from contacting you?
Yes you can stop a debt collector from contacting you by writing
a letter to the collection agency telling them to stop. Once the
agency receives the letter, they may not contact you again except
to say there will be no further contact. The agency may notify
you if the debt collector or the creditor intends to take some
a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector may not contact anyone
other than your attorney. If you do not have an attorney, a collector
may contact other people, but only to find out where you live
and work. Collectors usually are prohibited from contacting such
permissible third parties more than once. In most cases, the collector
may not tell anyone other than you and your attorney that you
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.
a debt collector continue to contact you if you do not believe
you owe the money?
A collector may not contact you if, within 30 days after you are
first contacted, 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.
types of debt collection practices are prohibited?
Harassment. Debt collectors may not harass, oppress or abuse anyone.
For example, debt collectors may not:
Use threats of violence or harm against the person, property or
Publish a list of consumers who refuse to pay their debts (except
to a credit bureau);
Use obscene or profane language;
Repeatedly use the telephone to annoy someone;
Telephone someone without identifying themselves;
Advertise your debt.
Debt collectors may not use any false 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;
Misrepresent the involvement of an attorney in collecting a debt;
Indicate that papers being sent to you are legal forms when they
Indicate that papers being sent to you are not legal forms when
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;
Actions, such as a lawsuit, will be taken against you, which legally
may not be taken, or which they do not intend to take.
Debt collectors may not:
Give false credit information about you to anyone;
Send you anything that looks like an official document from a
court or government agency which it is not;
Use a false name.
Unfair practices. Debt collectors may not engage in unfair practices
when they try to collect a debt. For example, debt collectors
Collect any amount greater than your debt, unless allowed by law;
Deposit a post-dated check prematurely;
Make you accept collect calls or pay for telegrams;
Take or threaten to take your property unless this can be done
Contact you by postcard.
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.
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 you believe the law was violated.
If you win, you may recover money for the damages you suffered.
Court costs and attorneys 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.
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 and the Federal Trade Commission.
Many states have their own debt collection laws and your Attorney
General’s office can help you determine your rights.
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