Posts tagged ‘Debt Collection Practices’

What Is The Fair Debt Collection Practices Act

By Admin, 23 December, 2010, No Comment

The Fair Debt Collection Practices Act, also known as the FDCPA, is a law, which was passed by Congress that regulates the methods collection agencies, can use to collect money from debtors who are behind on their payments. In the past many collection agencies would use unethical methods to extract payments from people, and this law was created to regulate them while protecting the debtor.

There are certain guidelines that collection agencies must follow when attempting to get payments. The FDCPA applies to a wide variety of debts, including medical bills, car loans, and credit cards. Many states have additional laws that serve to protect consumers, and their laws may cover debts that aren’t covered by the FDCPA. It is important to have a basic understanding of this law. It will keep you from being the victim of collection agencies that use illegal methods of extracting payment from you.

Under this law, collection agencies are not allowed to contact the relatives or employers of a debtor. The only person who may be contacted other than yourself is someone who has co-signed the loan with you. They are also not allowed to threaten to ruin your credit or report you to an attorney in order to intimidate you into making payments. They may only warn of you these actions when they are in the process of getting ready to do it. Making false warnings to scare you into making payments is not allowed.

Collection agencies are not allowed to make phone calls at times that are deemed unreasonable. Any phone calls made before 8 AM or after 9 PM are not allowed. You must approve any calls that are made outside this time span first. Debt collectors are also not allowed to call you while you’re at your place of employment. The use of profanity or racist terms is also not allowed. Letters cannot be sent to you that resemble those sent by courts, and if they decide to sue you they are not allowed to take you to a court that is far from your home.

It is important to understand this law if you find yourself in a situation where you have a large amount of debt and are having trouble making payments. While you should always try to repay back what you owe, collection agencies are limited in how they are able to contact you about those payments. Many agencies may violate this law, and if you are not familiar with it you will not be able to take any actions to defend yourself. If a collection agency violates the FDCPA, it may be possible for you to take them to court. If it is found that they have made numerous violations against debtors, a class action lawsuit may be filed.

If a collection agency violates this law when contacting you, you can report the incident to the state Attorney General’s office. If the agency is in a different state, you can contact the Federal Trade Commission for assistance. You can also dispute the debt you owe by sending a letter to the agency within 30 days of the first notice informing them that you do not owe them anything. The agency will be forced to stop contacting you, but may decide to take further action that may require you to go to court.

The FDCPA is an important law that can protect in the event you are being contacted by collection agencies. While it is important for you to pay off any debts you have, agencies should not use unethical methods for getting you to make payments. This is a violation of the FDCPA, and they could be held liable.

Fair Debt Collection Practices Act And You

By Admin, 7 October, 2010, No Comment

If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a “debt collector.”

You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe.

This article answers commonly asked questions about your rights under the Fair Debt Collection Practices Act.

What debts are covered?

Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.

Who is a debt collector?

A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.

How may a debt collector contact you?

A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

Can you stop a debt collector from contacting you?

You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

May a debt collector contact anyone else about your debt?

If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

What must the debt collector tell you about the debt?

Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

May a debt collector continue to contact you if you believe you do not owe money?

A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

What types of debt collection practices are prohibited?

Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact.

For example, debt collectors may not:
– use threats of violence or harm;
– publish a list of consumers who refuse to pay their debts (except to a credit bureau);
– use obscene or profane language; or repeatedly use the telephone to annoy someone.

False statements. Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
– falsely imply that they are attorneys or government representatives;
– falsely imply that you have committed a crime;
– falsely represent that they operate or work for a credit bureau;
– misrepresent the amount of your debt;
– indicate that papers being sent to you are legal forms when they are not; or
– indicate that papers being sent to you are not legal forms when they are.

Debt collectors also may not state that:

– you will be arrested if you do not pay your debt;
– they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
– actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.

Debt collectors may not:

– give false credit information about you to anyone, including a credit bureau;
– send you anything that looks like an official document from a court or government agency when it is not; or
– use a false name.

Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

– collect any amount greater than your debt, unless your state law permits such
a charge;
– deposit a post-dated check prematurely;
– use deception to make you accept collect calls or pay for telegrams;
– take or threaten to take your property unless this can be done legally; or
– contact you by postcard.

What control do you have over payment of debts?

If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.

What can you do if you believe a debt collector violated the law?

You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to 1,000. Court costs and attorney’s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to 500,000, or one percent of the collector’s net worth, whichever is less.

Where can you report a debt collector for an alleged violation?

Report any problems you have with a debt collector to your state Attorney General’s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General’s office can help you determine your rights.

Dont make these seven mistakes when dealing with debt collectors.

By Admin, 12 August, 2010, No Comment

Dont make these seven mistakes when dealing with debt collectors.

The number of complaints about debt collectors is on the rise. From 13,950 reported to the Federal Trade Commission in 2000, the number has ballooned to over 66,000 in 2005. And these are just the ones reported–the greater number of complaints go unreported. But this isnt the worst; a significant number of complaints are coming from consumers who do not even owe the debt.

So whats going on here? It is apparent that debt collection agencies are becoming increasingly competitive and that they are getting more aggressive in an effort to improve their bottom line. And to do this, they have to put more pressure on the one who owes the debtthe consumer, you.

What can you do if you are caught in the crosshairs of a debt collector? Enforce your rights. As a consumer, you have rights under the Fair Debt Collection Practices Act (FDCPA.) These rights mean that you cannot be lied to, abused, or harassed when a debt collector is trying to collect from you. And these rights have teeth. When a debt collector violates the provisions of the FDCPA. when he or she violates the rights you have under the FDCPA, you can sue for damages and for attorneys fees.

But when dealing with debt collectors under the FDCPA, dont make the following four mistakes:

1. Not knowing your rights. You need to remember that you have rights even when you havent paid what you owe for whatever reason. We dont have debtors prisons anymore and debt collectors cant buy a license anywhere to have any kind of open season on anyone who is delinquent in paying debts. This is true because of those rights. So make sure you understand just what those rights are. You cant claim them if you dont know them.

2. Not keeping records. To be able to enforce your rights, youll need to keep some records. This will mean a phone log (the number of calls and when can both be violations of the FDCPA); notes from the calls (what they say to you may not be abusive, harassing or a misrepresentation); and all the letters they send to you (they must have the proper notices and may not confuse you about what you need to do) as well as the letters you send to them. All of these must be kept for you to better make your case.

3. Not responding on time. You have certain rights that must be exercised within a certain period of time or they are lost. (The right to verification information is one.) So be vigilant about any time limits. Respond when you need to and file suit on time–if it comes to that.

4. Avoiding the calls. Dont avoid the phone calls either. It is only by dealing with the debt collector that any of your rights under the law may be exercised. And exercising those rights–for example, the all-important right of verification– might just make the problem go away. (If the collector cannot verify the debt, he or she cannot continue to collect it.) So it is better to take the call and talk.

In dealing with debt collectors, it also pays to be smart. So, for example, dont also make the following three mistakes:

5. Not negotiating. Debt collection agencies most often buy the debt. And they buy it for less than you owe on it. Their profitability comes from getting you to pay more– and possibly a lot more– than they paid for it. So make sure you try to negotiate a lower figure. They just might accept it.

6. Ignoring the debt. Ignoring the debt is only going to cause more problems. If the debt collector understands that his or her efforts are not going to get you to pay, that may start the clock on any lawsuit they can bring on the debt. And that only gives the debt collector the advantage. Keep the advantage with you.

7. Paying by personal check. Paying by personal check gives the debt collector your account number and the name of your bank. That can create some problems with unscrupulous debt collectors who might be tempted to do something shady like setting up an electronic payment. (Its been done.) And that isnt good. But it also gives them information they can use if they want to enforce the debt through legal means. Why make it any easier?

If you are faced with any attempt to collect a debt, make sure you get all the information you can. If you do, youll be more able to enforce your rights–and they will be less able to intimidate you. Both of these come out on your side of the ledger sheet.

Debt Collection And The Law Know Your Rights

By Admin, 27 May, 2010, No Comment

If you owe money to a debt collection agency or debt collector, you need to know what they can and cannot do in order to collect monies owed to them. You have an obligation to pay what you owe, and the debt collectors have an obligation to follow the law and not harass you at home or at work.

The Fair Debt Collection Practices Act applies to those who collect debts owed to creditors for personal, family and household debts. These include car loans, mortgages, charge accounts and money owed for medical bills. A debt collector is someone hired to collect money you owe.

Within five days after a debt collector first contacts you, the collector must send you a notice that tells you the name of the creditor, how much you owe, and what action to take if you believe you don’t owe the money.

If you owe the money or part of it, contact the creditor to arrange for payment.

If you believe you don’t owe the money, contact the creditor in writing and send a copy to the collection agency with a letter telling them not to contact you. A debt collector may not:

Contact you at unreasonable times, for example, before 8 a.m. or after 9 p.m., unless you agree;

Contact you at work if you tell the debt collector your employer disapproves;

Contact you after you write a letter telling them to stopexcept to notify you if the collector or creditor plans to take a specific action;

Contact your friends, relatives, employer or othersexcept to find out where you live and work;

Harass you through threats to harm you, profane language or repeated telephone calls;

Make any false statement, or claim that you will be arrested; or

Threaten to have money deducted from your paycheck or to sue youunless the collection agency or creditor intends to do so and it is legal.

You have a responsibility to pay off any debt that you owe. Debt collection agencies also have a responsibility to treat their customers with respect and follow the law.

If you are being harassed by a debt collection agency, contact the authorities and report them.