Key Items When you Have to Deal with a Debt Collector

What Can’t They Do?

In their zeal to earn a commission, many collection agencies do overstep the line and become abusive. Protections were put in place by the Fair.

Debt Collection Practices Act of 1977 to ensure you are treated fairly, and prohibit such activities as:

Calling before 8 a.m. or after 9 p.m.

Using Threats or Obscene Language

Talking to anyone else besides you or your attorney about the debt, or calling friends, family, or colleagues to try and get you to pay.

Threatening to garnish your wages or seize property if this is not allowed in your state. Find out from your state’s attorney general’s office.

Falsely claiming to be attorneys, credit bureau representatives, law enforcement officials, fraud investigators, or from a government agency.

Calling you at work if you have asked them not to.

Calling repeatedly and continuously to annoy and harass you when you have requested that they stop.

Trying to collect more than the original debt, unless your state allows for a service charge for collections.

Claiming that they intend to sue you unless they do plan to take legal action and are allowed to do so in your state

Claiming you will be arrested or charged with a crime if you do not pay. Sending you documents that look like official forms from a court or government agency when they are not

The debt collector will probably suggest borrowing from friends or family, taking out a home equity loan, or putting the debt on another credit card. This will only put you deeper into debt, so don’t agree to it. Always state that part of the deal is the creditor must remove any negative information about the debt from your credit report.

Report Abuses and Take Control!

If you feel you have adequate proof that a collection agency has broken the law, you can sue them in a state or federal court within one year from the date of the violation. If you win, you may receive money for any damages you may have suffered plus an additional amount up to $1,000. Court costs and attorney fees may also be recovered. But for any type of harassment that has gotten out of control, file a complaint with the attorney general’s office in your state as well as the Federal Trade Commission. You can file your complaint online with them at www.ftc.gov.

Stop the Harassment

If you feel you are being unduly harassed, send a certified letter with return receipt requested to the collection agency and demand that they stop. Legally they cannot contact you again except to say the creditor or collection agency will be taking some legal action. Keep a record of all letters sent and received, the name of the person who keeps calling, and detailed notes of each conversation including dates, times, language used, etc. Even better is a taped phone conversation. Simply buy a small tape recorder and put it next to a speaker phone to tape any conversation. You should first inform them you are taping if yours is not one of the 35 states that permit secretly recording a conversation. You will need some type of proof if you plan to file an official complaint or even a lawsuit with your state attorney general.

Author Bio: http://www.CitizensInfo.com Citizens Info Phone Number Email and Address Info Being Revealed

Category: Finances
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