Posts tagged ‘Debt Collectors’

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.

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.

Debt Collection

By Admin, 20 May, 2010, No Comment

If you have a credit card, you may have heard from debt collectors more than once, reminding you that you are late with your payment. Most times you may find them annoying reminders. While debt collection is subjected to a regulation known as the Fair Debt Collection Practice Act, you are not dismissed from your obligation to pay your debt. The collection agency or the originator can file charges against you should you fail to settle your outstanding balance.

Many companies employ the services of a third party provider of debt collectors to contact and remind their clients about their debts. Debt collection services include, following up on clients through all means of communication tools, like fax, telephone call, mail or email. They are the ones who contact customers and remind them to settle their outstanding balances. Most debt collection agencies or companies operate under a no collection, no pay principle, meaning that if they cannot collect for the client, they will not be paid for their services. A long list of companies that need this kind of services include those outside lending companies such as banks, credit and insurance companies, The list also includes cable operators, water, heat and electricity providers, telephone companies, etc.

These debt collection services ease the burden for their client companies in going after delinquent customers. But it is imperative for companies to choose the right debt collection agencies. After all, these debt collectors communicate directly with customers and operate on behalf of the company.

The debt collectors must maintain an air of courtesy. They must not in any way harass the customer, and they must proceed with their tasks observing ethics and confidentiality. They must also properly identify themselves and not cause undue inconvenience to the customer. Customers, under the Fair Debt Collection Practice Act are protected against harassment from debt collectors.

Accurate Negative Information And Controlling Your Debt

By Admin, 25 February, 2010, No Comment

When negative information in your report is accurate, only the passage of time can assure its removal. A consumer reporting company can report most accurate negative information for seven years and bankruptcy information for 10 years. Information about an unpaid judgment against you can be reported for seven years or until the statute of limitations runs out, whichever is longer. There is no time limit on reporting information about criminal convictions; information reported in response to your application for a job that pays more than 75,000 a year; and information reported because you’ve applied for more than 150,000 worth of credit or life insurance. There is a standard method for calculating the seven-year reporting period. Generally, the period runs from the date that the event took place.

Your credit file may not reflect all your credit accounts. Most national department store and all-purpose bank credit card accounts are included in your file, but not all. Some travel, entertainment, gasoline card companies, local retailers, and credit unions are among those that usually aren’t included.

If you’ve been told that you were denied credit because of an “insufficient credit file” or “no credit file” and you have accounts with creditors that don’t appear in your credit file, ask the consumer reporting companies to add this information to future reports. Although they are not required to do so, many consumer reporting companies will add verifiable accounts for a fee. However, if these creditors do not generally report to the consumer reporting company, the added items will not be updated in your file.

Having trouble paying your bills? Getting dunning notices from creditors? Are your accounts being turned over to debt collectors? Are you worried about losing your home or your car?

You’re not alone. Many people face financial crises at some time in their lives. Whether the crisis is caused by personal or family illness, the loss of a job, or simple overspending, it can seem overwhelming. But often, it can be overcome. The fact is that your financial situation doesn’t have to go from bad to worse.

If you or someone you know is in financial hot water, consider these options: realistic budgeting, credit counseling from a reputable organization, debt consolidation, or bankruptcy. How do you know which will work best for you? It depends on your level of debt, your level of discipline, and your prospects for the future.

The first step toward taking control of your financial situation is to do a realistic assessment of how much money you take in and how much money you spend. Start by listing your income from all sources. Then, list your “fixed” expenses those that are the same each month like mortgage payments or rent, car payments, and insurance premiums. Next, list the expenses that vary like entertainment, recreation, and clothing. Writing down all your expenses, even those that seem insignificant, is a helpful way to track your spending patterns, identify necessary expenses, and prioritize the rest. The goal is to make sure you can make ends meet on the basics: housing, food, health care, insurance, and education.

Your public library and bookstores have information about budgeting and money management techniques. In addition, computer software programs can be useful tools for developing and maintaining a budget, balancing your checkbook, and creating plans to save money and pay down your debt.

Contact your creditors immediately if you’re having trouble making ends meet. Tell them why it’s difficult for you, and try to work out a modified payment plan that reduces your payments to a more manageable level. Don’t wait until your accounts have been turned over to a debt collector. At that point, your creditors have given up on you.

The Fair Debt Collection Practices Act is the federal law that dictates how and when a debt collector may contact you. A debt collector may not call you before 8 a.m., after 9 p.m., or while you’re at work if the collector knows that your employer doesn’t approve of the calls. Collectors may not harass you, lie, or use unfair practices when they try to collect a debt. And they must honor a written request from you to stop further contact.
Credit Counseling

If you’re not disciplined enough to create a workable budget and stick to it, can’t work out a repayment plan with your creditors, or can’t keep track of mounting bills, consider contacting a credit counseling organization. Many credit counseling organizations are nonprofit and work with you to solve your financial problems. But be aware that just because an organization says it’s “nonprofit,” there’s no guarantee that its services are free, affordable, or even legitimate. In fact, some credit counseling organizations charge high fees, which may be hidden, or pressure consumers to make large “voluntary” contributions that can cause more debt.

Most credit counselors offer services through local offices, the Internet, or on the telephone. If possible, find an organization that offers in-person counseling. Many universities, military bases, credit unions, housing authorities, and branches of the U.S. Cooperative Extension Service operate nonprofit credit counseling programs. Your financial institution, local consumer protection agency, and friends and family also may be good sources of information and referrals.

Reputable credit counseling organizations can advise you on managing your money and debts, help you develop a budget, and offer free educational materials and workshops. Their counselors are certified and trained in the areas of consumer credit, money and debt management, and budgeting. Counselors discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems. An initial counseling session typically lasts an hour, with an offer of follow-up sessions.