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How Debt Collection Companies Attempt To Collect Credit Card DebtCollection Agencies, Debt Collectors, Credit Disputes and Your Rights If
you use credit cards, owe money on a personal loan, or are paying
on a home mortgage, you are a "debtor." 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
debt collectors to treat you fairly by prohibiting certain methods
of debt collection. Of course, the law does not forgive any legitimate
debt you owe. Below are answers to 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 or collection agency? A debt collector is any person or agency, other than the creditor, who regularly collects debts owed to others. Under a 1986 amendment to the Fair Debt Collection Practices Act, this also includes attorneys who collect debts on a regular basis. How may a debt collector contact you? A collector or agency may contact you in person, by mail, telephone, telegram, or FAX. However, a debt collector may not contact you at unreasonable times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector may not contact you at work if the collector is aware that your employer disapproves. Can you stop a debt collector from contacting you? You can stop a collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact. The agency may notify you if the debt collector or the creditor intends to take some specific action. 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 are first contacted, 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. Debt collectors may not: • give false credit information about you to anyone; • send you anything that looks like an official document from a court or government agency when it is not; • 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 allowed by law; • deposit a post-dated check prematurely; • make you accept collect calls or pay for telegrams; • take or threaten to take your property unless this can be done legally; • 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 you believe the law was violated. If you win, you may recover money for the damages you suffered. Court costs and attorneys 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 collectors net worth, whichever is less. What types of debt collection practices are prohibited? For example, debt collectors may not: Debt collectors may not use any false statements when collecting a debt. For example, debt collectors may not: Debt collectors may not state that:
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