Thursday, December 25, 2008

Your right in dealing with bill collectors

Stress of being unable to pay can have many effects in time. It is even more stressful to listen to a bill collector continue to call day and night about the recovery of debts. Even if the bill collectors can be persistent (their work), if a bill collector goes beyond the limits of the law, we can act. Federal Fair Debt Collection Practices Act, or FDCPA, prohibits certain acts of unfairness

In order to deal with debt collectors, it pays to learn what they can and cannot do. Although most bill collectors are careful to follow the law when contacting you, some are not. If a bill collector goes too far, you can take action.

The FDCPA covers debt collectors who work for collection agencies. It does not cover debt collectors that are employed by the original creditor (the business or person who first extended you credit or loaned you money).

Debt collectors from collection agencies cannot do any of the following:

* Call you repeatedly or contact you at an unreasonable time (the law presumes that before 8 a.m. or after 9 p.m. is unreasonable).
* Place telephone calls to you without identifying themselves as bill collectors.
* Contact you at work if your employer prohibits it.
* Use obscene or profane language.
* Use or threaten to use violence.
* Claim you owe more than you do.
* Claim to be attorneys if they're not.
* Claim that you'll be imprisoned or your property will be seized.
* Send you a paper that resembles a legal document.
* Add unauthorized interest, fees, or charges.
* Contact third parties, other than your attorney, a credit reporting bureau, or the original creditor, except for the limited purpose of finding information about your whereabouts. Unless you have asked collectors in writing to stop contacting you, they can also contact your spouse, your parents (if you are a minor), and your codebtors.

Under the FDCPA, you have the right to tell a collection agency employee to stop contacting you. Simply send a letter stating that you want the collection agency to cease all communications with you. All agency employees are then prohibited from contacting you, except to tell you that collection efforts have ended or that the collection agency or original creditor intends to sue you or take advantage of some other legal remedy.

No comments:

Post a Comment

RSS Feeds Submission Directory