StopCollectionAbuse.com

Attorney Lisa D. Wright
 
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Debt Collection Basics

What Debts Are Covered?

Personal, family and household debts, such as auto loans, credit card, medical bills, telephone bills, or utilities. 

Who is a Debt Collector?

A debt collector is anyone, other than the creditor, who regularly collects debts for others.

How May A Debt Collector Contact You?

A debt collector may contact you in person, by mail, telephone or telegram.  however, it can't be at inconvenient times or places, such as before 8 a.m. or after 9 p.m.  A debt collector may not contact you at work if your employer disapproves.  A debt collector may not contact you or a third party if the collector knows you have retained an attorney.

Can You Stop A Debt Collector From Calling You?

Yes, you may stop a debt collector from calling you by saying so in writing.  Once you notify the debt collector in writing not to call you, the debt collector can no longer do so except, to tell you that there will be no further calls.

What Types of Debt Collection Practices Are Prohibited?

 

A Debt Collector May NOT:

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Tell anyone that you owe money;

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Send or put anything on an envelope that identifies the writer as a debt collector;

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Use threats of violence to harm you, your property or your reputation;

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Falsely imply that the debt collector represents the United States government or any state government;

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Use any false name;

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Falsely imply that the debt collector is any attorney;

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Falsely represent that papers are legal forms when they are not;

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Falsely imply that you committed a crime;

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Falsely give credit information about you to anyone.

 

A Debt Collector Must Be Fair In Attempting To Collect Any Debt

 

For example, a debt collector CANNOT:

bulletCollect any amount greater than the amount of your debt, unless allowed by law;
bulletDeposit a postdated check before the date written;
bulletMake you accept collect calls or pay for telegrams.

What Can You Do If The Debt Collector Breaks The Law?

 

You have the right to sue a debt collector in a state of federal court within one year from the date the law was violated.  You may recover money for the damages you suffered.  Also, under the law, they have to pay the attorney's fees and costs for you.

 
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