Five Things You Need to Know About Debt Collectors' Rights
If you owe money to creditors, you may already be aware of your rights under the Fair Debt Collection Practices Act. Under the Fair Debt Collection Practices Act, also known as the FDCPA, you have the right to demand certain ethical debt collection practices from debt collectors.
The FDCPA tells debt collectors how and when they can contact you, and what they're allowed to say to you to collect on a debt. An example of this is that bill collectors can't lie to you in order to collect on a debt, nor can they misrepresent the facts about your debt to collect on it. The FDCPA was created in order to combat the many abuses by bill collectors who did all of these things in order to get money from debtors. 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.
Next, they have the right to keep contacting you unless you tell them in writing that you don't owe the money that they claim you do, that you don't owe them as much as they say you do, or that you're demanding that they give you proof that you owe the debt. They are, however, limited by the FDCPA in how and when they can communicate with you, but as long as they stay with the rules under the FDCPA, they're allowed to continue to contact you unless you tell them to stop.
Thirdly, if the original creditor and the debt collector are one and the same, or the debt collector is an in-house agency affiliated with the original creditor, they're allowed to keep contacting you even if you ask them to stop. The reason for this is that the FDCPA doesn't see creditors as being the same as debt collectors, so they don't have to operate under the same rules as debt collectors do. Of course, they still have to obey the guidelines of decent behavior as outlined by the FDCPA, including not annoying people that you know, or calling you during all hours of the night.
Fourth, they have the right to contact other people about your debt, but only once, and only to find out your address, your phone number, or where you work. However, they are prohibited from contacting a third party more than once. Any more than that can constitute harassment.
Lastly, debt collectors have the right to sue you in court to collect a debt from you. Of course, you can defend yourself in court, but if the judge decides against you, you may have your wages garnished to repay the debt.
If you're forced to deal with any debt collectors, you need to know your legal rights. You also need to know the rights that debt collectors have under the law. This knowledge can show you how to deal better with these guys when and if they cause you any problems. - 23210
The FDCPA tells debt collectors how and when they can contact you, and what they're allowed to say to you to collect on a debt. An example of this is that bill collectors can't lie to you in order to collect on a debt, nor can they misrepresent the facts about your debt to collect on it. The FDCPA was created in order to combat the many abuses by bill collectors who did all of these things in order to get money from debtors. 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.
Next, they have the right to keep contacting you unless you tell them in writing that you don't owe the money that they claim you do, that you don't owe them as much as they say you do, or that you're demanding that they give you proof that you owe the debt. They are, however, limited by the FDCPA in how and when they can communicate with you, but as long as they stay with the rules under the FDCPA, they're allowed to continue to contact you unless you tell them to stop.
Thirdly, if the original creditor and the debt collector are one and the same, or the debt collector is an in-house agency affiliated with the original creditor, they're allowed to keep contacting you even if you ask them to stop. The reason for this is that the FDCPA doesn't see creditors as being the same as debt collectors, so they don't have to operate under the same rules as debt collectors do. Of course, they still have to obey the guidelines of decent behavior as outlined by the FDCPA, including not annoying people that you know, or calling you during all hours of the night.
Fourth, they have the right to contact other people about your debt, but only once, and only to find out your address, your phone number, or where you work. However, they are prohibited from contacting a third party more than once. Any more than that can constitute harassment.
Lastly, debt collectors have the right to sue you in court to collect a debt from you. Of course, you can defend yourself in court, but if the judge decides against you, you may have your wages garnished to repay the debt.
If you're forced to deal with any debt collectors, you need to know your legal rights. You also need to know the rights that debt collectors have under the law. This knowledge can show you how to deal better with these guys when and if they cause you any problems. - 23210
About the Author:
Sean Payne is loves to talk about getting out of debt. After paying off his own debt, he devoted years to finding the quickest way to get out of 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 @ 5:39 AM
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