Harassing debt collection

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Harassing debt collection:

Do you owe money and are you having a hard time repaying debts? If so, you could be contacted by a "debt collector". 

 

The Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Personal, family, and household debts debts are covered under the Act. This can include money owed for an automobile, for medical care, or for charge accounts.

 

A debt collector can be any person who regularly collects debts owed to others and can even be an attorney who collect debts on a regular basis.

 

A debt collector may contact you in person, by mail, telephone, telegram, or fax. They 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.

 

To stop a debt collector from contacting you, write a letter to the collector telling them to stop. They can still notify you that the debt collector or the creditor intends to take some action. You could still be sued by the debt collector or your original creditor.

 

A debt collector must contact your attorney if you have one but if you don't   the debt collector may contact other people, to find out where you live, what your phone number is, and where you work. The collector should not tell anyone other than you and your attorney that you owe money.

Within five days after you are first contacted, the debt collector should 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.

Debt collectors may not harass, oppress, or abuse you or any third parties they contact. They may not use threats of violence or harm; use obscene or profane language; or repeatedly use the telephone to annoy someone. Debt collectors may not use any false or misleading statements when collecting a debt. For example they 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. 

 

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 or 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. 

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.

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. 

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.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov.

 

 

 

 

Personal Finance
 Debt Tip: February 2012 What is the most recommended debt relief? There is no one recommended debt relief program because each person has unique needs to get debt relief. Also, the type of debt and how much in debt a person is can affect finding the most recommended debt relief program for their circumstances. Getting debt counseling or a debt relief quote may be helpful in finding the answer to getting out of debt using the best method.

 

 

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