Do You Know Your Debt Collection Rights? Part 2
written by Credit-HQ ExpertIt is important to understand that informing a collector not to call will not get rid of the debt. It only stops the collector from harassing you.
If you have an attorney handling your debt the collector is allowed to contact your attorney. (15 U.S.C. 1692b(6)
How do you prevent a collector from communicating with you?
You have to tell the collector to stop contacting you in writing. You must keep a copy of the letter. When the collector gets the letter he is not allowed to get in touch with you regarding the debt again. The collector may only inform of what action the creditor will take to determine the debt. A creditor can sue you to get the money you owe. (15 U.S.C. 1692c and 1692i)
It is important to understand your letter to the collector will not get rid of the debt. It only stops the collector from getting in touch with you.
How does an attorney help you?
You must let the collector know you have an attorney. Give your attorney’s name. You can ask your attorney to take care of the situation. Let the collector know this is the situation and you don’t want to be contacted again. The collector will only be able to get in touch with you with the permission of your attorney. If your attorney does not react to your collector within a certain time frame the collector can contact you. (15 U.S.C. 1692b(6)
What is a collector obliged to tell you regarding your debt?
Following the first time a collector has contact with you he has 5 days to do the following:
Inform you in writing you owe the creditor money;
Inform you of your right to dispute the debt.
The written information must contain:
Debt amount
Creditor’s name
Your right to dispute, the whole or part of, the money owed, in writing, within 30 days of you getting the notification.
The time period for the 30 days begins on the day you get your notification. You must take note of the letter’s date or the postmark.
(15 U.S.C. 1692g)
If a consumer is incorrect or mistakenly identified this is the act to help. This is why you must get a confirmation of the name of the consumer and the amount owed as it was acquired from the creditor. You must get this in writing.
What if you suspect you are not in debt to the creditor?
If you suspect you don’t owe money to the creditor send a letter informing the collector of such. This must be done within 30 days of the day you got written notice of the money owed. (15 U.S.C. 1692g(b))
You can let the collector know not to get in touch with you until you get proof of the money owed. You must do this in writing.
As soon as you challenge the debt in writing the collector may not collect cash from you. They must wait for you to get written proof of the money owed. A document with your name, creditor’s name and amount owed in writing is sufficient as proof.
You must understand your dispute in writing will not get rid of the money owed. The thirty days is so the creditor can provide proof you do owe money. It is not a period of grace.
Getting together proof of debt can take time. A collector is not limited to any time period to give you proof. A collector may not be able to give you proof. Another company can take over your debt and attempt to collect the money from you. Go through each step again until you are shown actual proof of money owed by you.
Click here to see Part 3: Do You Know Your Debt Collection Rights? Part 3
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