Five Facts You Didn't Know About Debt Collectors' Rights
If you are in debt, you're probably already aware of the rights you have under the Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act, which is also known as the FDCPA, says that you have the right to expect certain debt collection practices from debt collectors.
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.
First, they have the right to initiate communications with you in order to inform you about your debt. These communications may be in the form of a telephone call or a letter. In this communication, they can spell out exactly what you owe, including fees and penalties.
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.
Third, the debt collector can continue to contact you even if you request that they stop contacting you, as long as the debt collector is actually the original creditor, or an in-house agency owned by the creditor. This is because the FDCPA recognizes creditors as being different than debt collectors, so they don't have to follow the same guidelines that debt collectors do. They do, however, still have to follow the same rules of decent behavior that debt collectors do. This includes not harassing people you know, or calling you at all hours during 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.
Finally, a debt collector has the right to sue you to collect on a debt that you owe. Of course, you have the right to defend yourself in court, but if a judgment is made against you, your wages may be garnished.
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. - 23199
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.
First, they have the right to initiate communications with you in order to inform you about your debt. These communications may be in the form of a telephone call or a letter. In this communication, they can spell out exactly what you owe, including fees and penalties.
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.
Third, the debt collector can continue to contact you even if you request that they stop contacting you, as long as the debt collector is actually the original creditor, or an in-house agency owned by the creditor. This is because the FDCPA recognizes creditors as being different than debt collectors, so they don't have to follow the same guidelines that debt collectors do. They do, however, still have to follow the same rules of decent behavior that debt collectors do. This includes not harassing people you know, or calling you at all hours during 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.
Finally, a debt collector has the right to sue you to collect on a debt that you owe. Of course, you have the right to defend yourself in court, but if a judgment is made against you, your wages may be garnished.
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. - 23199
About the Author:
Sean Payne is a personal finance and debt relief enthusiast. After finally getting out of debt, he spend over a decade discovering the best way to get out of debt, and keeping your cool 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 @ 7:03 AM
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