Five Things You Need to Know 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 outlines when and how debt collectors can contact you, and what they can say to you in order to collect a debt. For example, a bill collector cannot lie to you in any way, or misrepresent the facts about your debt. This Act was created as a result of a long history of abuses by debt collectors. What you may not know about the FDCPA, though, is that bill collectors have rights, too.
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.
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, debt collectors have the right to talk to other people regarding your debt. However, they can only do this once, and only to discover your address, your phone number, or your place of employment. They can't contact a third party more than once, 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. - 23221
The FDCPA outlines when and how debt collectors can contact you, and what they can say to you in order to collect a debt. For example, a bill collector cannot lie to you in any way, or misrepresent the facts about your debt. This Act was created as a result of a long history of abuses by debt collectors. What you may not know about the FDCPA, though, is that bill collectors have rights, too.
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.
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, debt collectors have the right to talk to other people regarding your debt. However, they can only do this once, and only to discover your address, your phone number, or your place of employment. They can't contact a third party more than once, 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. - 23221
About the Author:
Sean Payne is loves to talk about getting out of debt. After finally getting out of debt, he devoted over a decade to finding 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 @ 4:06 AM
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