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You Are Entitled To Fair Debt Collection Practices
Even if you've fallen behind on a debt, you are entitled to fair and considerate treatment.
The Fair Debt Collection Practices Act covers the actions of debt collectors and requires that they treat you fairly by prohibiting certain kinds of debt collection.
Debt Collection Do's and Don'ts
Here's some information that is included in the Fair Debt Collection Practices Act. Debt collectors can:
- Contact you between the working hrs.
- Try to reach you by telephone, telegram, fax, or mail.
- Contact your neighbors and family members in an attempt to find you.
- Call you at home or at work.
To request that you not be contacted at work, or if you don't want to be contacted at all, it's probably best to send them a certified letter, return receipt requested. They are required to abide by your request.
Debt collectors cannot harass you by:
- Speaking to you without first identifying themselves
- Threatening you in any way
- Using obscene language
Use false statements by:
- Implying they're attorneys if they're not
- Stating that you've committed a crime
- Telling you that you'll be arrested if you don't pay your debt
Engage in unfair practices by:
- Open Source of Contact like Sending postcards
- Making you accept collect calls or telegrams
- Depositing your post-dated check prior to the date on the check
After You Speak with a Debt Collector
- Within 5 days of first contacting you, a debt collector must send you written information about the debt, including the amount of the debt, the creditor's name, and instructions on what you should do if you believe you do not owe the money.
- If you think there's a mistake, you should send a letter within 30 days stating why you believe you don't owe the money. Remember to send it certified, return receipt requested, so you have proof the debt collector received your letter. Once the debt collector has received the letter, all contact must stop, other than to tell you the letter was received.
- If the debt collector determines the debt is yours, collection attempts can resume after proof of the debt is sent to you. At this point, you will need to determine if you can provide additional proof there has been a mistake. If not,
- You will be expected to repay the debt, and you should try to make payment arrangements with the debt collector.
Understanding the debt collection process and the Fair Debt Collection Practices Act ensures you know how to protect your rights should you need to. |
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