Five Little Known Facts About Debt Collectors' Rights
If you still owe money on debts, you may already know your rights under the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act, also called the FDCPA, says that you have the right to demand that debt collectors use certain ethical debt collection practices.
The FDCPA specifies exactly when debt collectors can contact you, how they can do it, and what they can tell you in order to collect on a debt. One example is that a bill collector can't tell you a lie or misrepresent the truth about your debt. The FDCPA was created after a long string of debt collectors abusing people to collect on debt. What you probably don't know about the FDCPA, however, is that even bill collectors have rights.
The first of their rights is to communicate with you in order to let you know about any debts you owe. They can do this via telephone or letter. In this communication, they can let you know exactly what you owe, including whatever fees or penalties they may charge you.
Second, a collector has the right to continue to contact you until you notify them in writing that you don't owe any money, that you don't owe all of the money, or that you require verification that you really owe the debt. Of course, the FDCPA limits when and how they can continue to contact you, but as long as they operate within the rules of the law, they can continue to contact you until you put a stop to it.
Third, if that debt collector is actually the creditor to whom the money is owed, or an in-house agency owned by the creditor, they can continue to contact you even if you request that they stop contacting you. This is because the FDCPA does not recognize creditors as debt collectors, so they are not subject to the same rules as collectors are. Of course, they still have to abide by the rules of decent behavior outlined in the law, such as not harassing people you know, or calling at all hours of the night.
Fourth, a debt collector has the right to contact others about your debt. They can only do this once, though, and they can only do it to find out your address, your telephone number, or the place where you work. They are, however, prohibited from contacting any third party multiple times, because that would be harassment.
Lastly, a debt collector can sue you in court in order to collect on a debt that you owe them. Of course, you still have the right to defend yourself in any legal proceedings, but if the judgment goes against you, the judge may garnish your wages.
If you have to deal with debt collectors, know your legal rights. But make sure that you also know the rights that the FDCPA gives to debt collectors. Knowing this can help you to deal with them more easily when they become a problem. - 23222
The FDCPA specifies exactly when debt collectors can contact you, how they can do it, and what they can tell you in order to collect on a debt. One example is that a bill collector can't tell you a lie or misrepresent the truth about your debt. The FDCPA was created after a long string of debt collectors abusing people to collect on debt. What you probably don't know about the FDCPA, however, is that even bill collectors have rights.
The first of their rights is to communicate with you in order to let you know about any debts you owe. They can do this via telephone or letter. In this communication, they can let you know exactly what you owe, including whatever fees or penalties they may charge you.
Second, a collector has the right to continue to contact you until you notify them in writing that you don't owe any money, that you don't owe all of the money, or that you require verification that you really owe the debt. Of course, the FDCPA limits when and how they can continue to contact you, but as long as they operate within the rules of the law, they can continue to contact you until you put a stop to it.
Third, if that debt collector is actually the creditor to whom the money is owed, or an in-house agency owned by the creditor, they can continue to contact you even if you request that they stop contacting you. This is because the FDCPA does not recognize creditors as debt collectors, so they are not subject to the same rules as collectors are. Of course, they still have to abide by the rules of decent behavior outlined in the law, such as not harassing people you know, or calling at all hours of the night.
Fourth, a debt collector has the right to contact others about your debt. They can only do this once, though, and they can only do it to find out your address, your telephone number, or the place where you work. They are, however, prohibited from contacting any third party multiple times, because that would be harassment.
Lastly, a debt collector can sue you in court in order to collect on a debt that you owe them. Of course, you still have the right to defend yourself in any legal proceedings, but if the judgment goes against you, the judge may garnish your wages.
If you have to deal with debt collectors, know your legal rights. But make sure that you also know the rights that the FDCPA gives to debt collectors. Knowing this can help you to deal with them more easily when they become a problem. - 23222
About the Author:
Sean Payne is loves to talk about getting out of debt. Once he finally paid off his own debt, he devoted years to discovering the easiest way to pay off debt, and maintaining your sanity while dealing with debt collectors. To learn more about debt collectors' rights, and what you can do to preserve your peace and quiet, check out his excellent debt reduction course.
posted by X - Men @ 12:15 AM
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