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 tells debt collectors how and when they can contact you, and what they're allowed to say to you to collect on a debt. An example of this is that bill collectors can't lie to you in order to collect on a debt, nor can they misrepresent the facts about your debt to collect on it. The FDCPA was created in order to combat the many abuses by bill collectors who did all of these things in order to get money from debtors. What you probably don't know about the FDCPA, however, is that even bill collectors have rights.
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.
Second, a collector has the right to continue to contact you until you notify them in writing that you don't owe any money, that you don't owe all of the money, or that you require verification that you really owe the debt. Of course, the FDCPA limits when and how they can continue to contact you, but as long as they operate within the rules of the law, they can continue to contact you until you put a stop to it.
Thirdly, if the original creditor and the debt collector are one and the same, or the debt collector is an in-house agency affiliated with the original creditor, they're allowed to keep contacting you even if you ask them to stop. The reason for this is that the FDCPA doesn't see creditors as being the same as debt collectors, so they don't have to operate under the same rules as debt collectors do. Of course, they still have to obey the guidelines of decent behavior as outlined by the FDCPA, including not annoying people that you know, or calling you during all hours of 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.
When dealing with debt collectors, make sure that you know your rights under the law. But also make sure that you know the rights that the law gives to debt collectors. This knowledge can help you to better deal with them when and if they become a problem.
The FDCPA tells debt collectors how and when they can contact you, and what they're allowed to say to you to collect on a debt. An example of this is that bill collectors can't lie to you in order to collect on a debt, nor can they misrepresent the facts about your debt to collect on it. The FDCPA was created in order to combat the many abuses by bill collectors who did all of these things in order to get money from debtors. What you probably don't know about the FDCPA, however, is that even bill collectors have rights.
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.
Second, a collector has the right to continue to contact you until you notify them in writing that you don't owe any money, that you don't owe all of the money, or that you require verification that you really owe the debt. Of course, the FDCPA limits when and how they can continue to contact you, but as long as they operate within the rules of the law, they can continue to contact you until you put a stop to it.
Thirdly, if the original creditor and the debt collector are one and the same, or the debt collector is an in-house agency affiliated with the original creditor, they're allowed to keep contacting you even if you ask them to stop. The reason for this is that the FDCPA doesn't see creditors as being the same as debt collectors, so they don't have to operate under the same rules as debt collectors do. Of course, they still have to obey the guidelines of decent behavior as outlined by the FDCPA, including not annoying people that you know, or calling you during all hours of 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.
When dealing with debt collectors, make sure that you know your rights under the law. But also make sure that you know the rights that the law gives to debt collectors. This knowledge can help you to better deal with them when and if they become a problem.
About the Author:
Sean Payne is loves to talk about getting out of debt. After paying off his own debt, he devoted years 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.
No comments:
Post a Comment