Need Help With Debt Collectors, Read About Your Rights.

The Federal Trade Commission (FTC) has a Fair Debt Collection Practices Act that was created from a need to protect consumers, and to give consumers help from the debt collectors that are aggressively trying to get consumers to begin paying bills. The Fair Debt Collection Practices Act requires that all debt collectors treat consumers fairly and it prohibits debt collectors from using certain methods to collect. The best way to stop a debt collector from calling is to stay out of debt. Find out how to take advantage of assistance programs offered by credit card companies. Read more credit card assistance programs.

How may a debt collector contact me?

A debt collector may contact you by mail, in person, by telephone, fax, or even a telegram to request you pay any bills or debt. However, they can’t contact you at inconvenient places or times. They can’t contact you before  8 a.m. or after 9 p.m., unless you agree to this. A debt collector also can’t contact you at your workplace if the collector knows that your employer disapproves of such contacts or if you notify them not to.

Can I prevent a debt collector from contacting me?

Yes, if you need to, you can have a debt collector stop contacting you by writing a letter to the collection agency or collector telling them to stop contacting you. Once the letter is received, they may not contact you again other than to say there will be no further contact. They may also contact you to notify you that the creditor or debt collector intends to take specific action.
 

 

 

May a debt collector contact other people about my debt or me not paying bills?

Possibly, if they need to get help. If you have an attorney, the debt collector needs to contact your attorney, and not you. If you do not have an attorney, a collector can actually contact other people, but only for limited reasons. They can contact others to find out what your phone number is, if they need help finding out where you live, or where you work. Please note, debt collectors typically are prohibited from contacting such third parties more than one time. In most cases, the debt collector can’t tell anyone other than your attorney and you that you are not paying bills and that you owe debt.
 

 

What does the debt collector need to tell me about the bills or debt?

Within five days after you are first contacted for paying bills, the debt collector will need to send you a written notice telling you that you have not been paying bills, the amount of money you owe on the bills and the name of the creditor that you need to pay. They also need to tell you what action you have to take if you believe you do not owe the money. Find out how to consolidate debt.

Can a debt collector continue to contact me if I think I do not owe money?

A collector can’t contact you if, within 30 days after you receive the first written notice from them, if you send the collection agency a formal letter telling them that you do not owe money. However, an agency or collector can renew collection activities against you if they send you proof of you not paying the bill or debt. For example, a copy of an unpaid bill for the amount owed.

How do I stop debt collectors for medical and hospital bills?

If you owe money on a medical or hospital bills, there are some different tactics you can take, and additional tips that may help. Debt collectors also have more rules they need to follow. Learn more on your rights.

Do state programs and laws exist?

Yes, many states have laws and additional protections for consumers. So in addition to the assistance from the Federal Trade Commission (FTC) has a Fair Debt Collection Practices Act, consumers will get additional rights at the state level. Find information on plans from :

Florida

Maryland

Massachusetts

North Carolina.

 

 

 

What types of debt collection practices are prohibited?

They have many restrictions, including those below. Also, find out maybe the best way to get a debt collector to stop contacting. How to sue a debt collector.

Harassment. Debt collectors may not oppress, harass, or abuse you or, any third parties, that they contact. For example, debt collectors may not:

  • use threats of hard or violence.
  • publish you on a list of consumers who need to and refuse to pay their bills or debts.
  • use profane or obscene language; or repeatedly use the telephone or other communication methods to annoy someone into paying.

False statements. Debt collectors cannot use any misleading or false statements when trying to collect bills or  debt. For example, debt collectors can’t:

  • can’t falsely indicate that they are government representatives or attorneys.
  • falsely imply that you may have committed an illegal act or crime.
  • falsely represent that they work for or operate a credit bureau.
  • they can’t lie about the amount of your bills or debt you need to pay.
  • claim that forms or papers being sent to you are legally binding forms when they are not.
  • indicate that any papers being mailed to you are not legal forms when in fact they are legal forms and need to be treated as such.

Debt collectors can’t state that:

  • you will be jailed or arrested if you do not pay your bills.
  • they will garnish, need to seize, attach, or sell your wages or property. They can only say this if the creditor or collection agency really intends to do this, and of course if it is legal to do so.
  • certain actions, such as a lawsuit, will be used against you, when such legal action legally cannot be taken, or when the collector does not intend to take such action.

Debt collectors may not:

  • provide untrue credit information about you to anyone, especially including a credit bureau.
  • send you any mail or forms that look like it is an official document from a government agency or court when it is not.
  • use a false name when communicating with you for payment of your bills.

Unfair practices. Debt and bill collectors cannot engage in unfair practices when they are trying to get you to pay bills. For example, collectors may not:

  • collect any amount that is greater than the bills you need to pay, unless of course your state law permits such a fee or charge.
  • deposit a future or post dated check prematurely.
  • use lying or deception to force you to accept collect calls or pay for telegrams.
  • threaten to take or take your property unless this can be done legally.
  • contact you using a postcard.
  • learn the specifics of what payday lenders can do to collect their debts. More.

 

 

 

What control do I have over paying bills?

If you owe over one bill or debt, if you begin paying it, any payment that you make has to be applied to the bills you need help paying and those you indicate. A bill collector can’t apply a payment to bills you believe you do not owe for. Find ways to get help with medical debt, or how a credit counseling agency can help you with your debt.

What can I do if I think a debt collector violated the law in dealing with me?

You can sue a collector in a federal or state court up to one year from the date the law was violated. If you win, you may be able to and need to recover money for any damages you suffered, plus you can be awarded an additional amount up to $1,000. Your court costs as well as attorney fees can also be recovered. You can also form a group of people to sue an agency or debt collector and recover money for the damages up to $500,000, or recover up to one percent of the collector or agencies net worth, whichever is less. That money can go a long way to reduce a need for paying bills!

Where can I report a debt collector for alleged violations?

You can report problems you have with a bill collector to the Federal Trade Commission as well as your states Attorney General's office. While most states have their own need for debt collection laws, your Attorney General office can help you determine your rights for your state and provide help when it comes to paying bills.

The FTC is a government agency that works for the consumer and they prevent deceptive, fraudulent, and unfair business practices in the consumer marketplace and the FTC also provides information to help all consumers spot, stop, and avoid them unfair debt collectors. To file a complaint dial 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261.

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