Stop Debt Collectors

Can you stop debt collectors ? . . .You better know you can

 

You can stop debt collectors under the law provided by the Fair DebtCollection Practices Act. If you use credit cards, owemoney on a personal loan, or are paying on a home mortgage, you are a"debtor."

 

 If you fall behind inrepaying your creditors, or an error is made on your accounts, you may becontacted by a "debt collector." You should know that in either situation, the Fair Debt Collection Practices Actrequires that debt collectors treat you fairly and prohibits certain methods ofdebt collection. Of course, the law does not erase any legitimate debt you owe.

What debts are covered?Personal, family, and household debts are covered under the Act. This includesmoney owed for the purchase of an automobile, for medical care, or for chargeaccounts.

Who is a debt collector?A debt collector is any person who regularly collects debts owed to others. Thisincludes 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 alsomay not contact you at work if the collector knows that your employerdisapproves of such contacts.

Can you stop a debt collector fromcontacting you?You can stop a debt collector from contacting you by writing a letter to thecollector telling them to stop. Once the collector receives your letter, theymay not contact you again except to say there will be no further contact or tonotify you that the debt collector or the creditor intends to take some specificaction. Please note, however, that sending such a letter to a collector does notmake the debt go away if you actually owe it. You could still be sued by thedebt 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, ratherthan 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 youwork. Collectors usually are prohibited from contacting such third parties morethan once. In most cases, the collector may not tell anyone other than you andyour 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 awritten notice telling you the amount of money you owe; the name of the creditorto whom you owe the money; and what action to take if you believe you do not owethe money.

May a debt collector continue to contact you if you believe you do not owemoney?A collector may not contact you if, within 30 days after you receive the writtennotice, 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 ofthe 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 anythird parties they contact.

 

For example, debt collectorsmay 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. Debtcollectors may not use any false or misleading statements when collecting adebt. 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 maynot 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. Debtcollectors 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 haveover payment of debts?If you owe more than one debt, any payment you make must be applied to the debtyou indicate. A debt collector may not apply a payment to any debt you believeyou 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 oneyear from the date the law was violated. If you win, you may recover money forthe damages you suffered plus an additional amount up to $1,000. Court costs andattorney's fees also can be recovered. A group of people also may sue a debtcollector and recover money for damages up to $500,000, or one percent of thecollector'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 AttorneyGeneral's office and the Federal Trade Commission. Many states have their owndebt collection laws, and your Attorney General's office can help you determineyour rights.

 

© Copyright -  www.deleteuglyredit.com