Do You Know Your Debt Collection Rights? Part 4
written by Credit-HQ ExpertCollectors may NOT:
• Get in touch via postcard
• Give a name that’s fake
• Provide fake contact information
• Say your debt is more than it is (except if the collector was given incorrect information by the creditor)
• Say they are employed by a credit reporting agency
• Say you have committed a crime
• Say you will be sued if they have no intention of doing so or don’t anticipate the creditor to sue you
• Say they are an attorney if they aren’t
• Say they act for an attorney if they don’t
• Send you a document that looks the same as an authorized court document if it’s not
• Send and tell you papers are not legal form if they are
• Provide others with information about you that’s fictitious
• Notify or make threats to notify anyone about your debt
• Say you’ll be placed under arrest if you don’t pay
• Make threats to your family members, colleagues or friends (15 U.S.C. 1692d)
• Threaten to or print your name as a person who won’t pay debts other than a Credit Reporting Agency (15 U.S.C. 1692d)
• Make use of Obscene language is not allowed (15 U.S.C. 1692d)
• Contact you if you request them not in writing or inform them you retain an attorney
• May not take a higher amount than what you owe (certain states permit an extra charge for collectors)
• May not pay in a post dated check ahead of time
• Make threats to seize your property if the creditor or collector can do it lawfully
What action do you take if you suspect a collector has contravened the law?
You must give an account of any problems you experience to The Federal Trade Commission. This is the official group taking care of consumers to stop fraudulent, deceptive and abusive practices in business. The consumer can visit http://ftc.gov or phone 1-877-FTC-HELP for assistance. (15 U.S.C. 16921)
Complain to the office of the Attorney General in your state. You can use online forms for complaints. These are for any grievance against creditors and collectors you suspect of having contravened Federal Fair Debt Collection Practices Act and Debt Collection and Creditor Collection Laws of your state.
Collectors can be sued in a Federal or State Court and it is your right to do so. You must do it within a year of the date the law was contravened. If you are successful in suing, the collector may have to get back compensation (15 U.S.C. 1692i). You may use an attorney. If you can’t afford an attorney, or need to find one, get hold of the Legal Services Provider. Or you can ask the state Lawyer Referral Service or the country or regional Bar Association closest to you.
Each state has a different protection for its consumers. If a law doesn’t go against any section of the Federal Act it is not possible to amend the laws of any State Debt Collection Practice. State Law takes preference over The Federal Act if there is a conflict between the two. This is applied if State Law gives you greater protection than the Act. (15 U.S.C. 1692a, n) An attorney is qualified to counsel you on your rights.
Disclaimer:
All the information including legal is given only for educational and information purposes. This site is to assist consumers in finding out about their rights. You must be aware ‘legal information’ is different from ‘legal advice’. All the opinions, links, instructions, content, suggestions and advice are made use of at your own risk. It is important that you get counsel from an attorney before coming to any conclusions that have financial or legal results. As this site is not intended for the rendering of financial or legal counsel do not use it instead of financial and legal experts.
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