A "debt collector" or consumer collection agency may not call you at inconvenient times or places, such as before 8:00 a.m. or after 9:00 p.m., unless you agree you can be contacted at these times. If you inform the debt collector that you have an attorney, the debt collector must cease contacting you and thereafter must contact your attorney rather than you.
Can a debt collector call me at work?
Yes, unless the debt collector knows or has reason to believe that your employer does not approve of such contacts.
How can I stop a debt collector from continuing to contact me?
A debt collector may continue contacting you until you request the collector to stop in writing. Once the collector receives your written letter, the debt collector can only contact you to notify you that there will be no further contact or that the creditor intends to take other action. If you owe a debt to a creditor, sending a letter to the debt collector will not erase your debt. The creditor may pursue action against you in court to collect upon the debt.
What must the debt collector tell me 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.
A debt collector threatened to ruin my reputation by telling friends and nieghbors about my past due account and used obscene language when speaking to me. Is that legal?
A debt collector may not harass or abuse you or any third parties it contacts in an effort to collect a debt. Debt collectors are prohibited from using obscene or foul language, repeatedly telephoning you to harass you, making threats to your person, reputation or property. Debt collectors are also prohibited from using any false, deceptive or misleading statements in attempting to collect a debt. For example, they may not tell you that they will have you arrested unless you pay a debt. They may not even say that they intend to take legal action such as filing a lawsuit to collect the debt, when they do not actually intend to do so.
What other debt collector practices are probihited?
Debt collectors also may not state that they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so, or that actions, such as a lawsuit, will be taken against you, when such action legally may not be taken. Further, debt collectors may not give false credit information about you to anyone, including a credit bureau, send you anything that looks like an official document from a court or government agency when it is not or use a false name. Debt collectors also may not collect any amount greater than your debt, unless state law permits such a charge, deposit a post-dated check prematurely, use deception to make you accept collect calls or pay for telegrams, take or threaten to take your property unless this can be done legally or contact you by postcard
What debts are covered by the Fair Debt Collection Practices Act ("FDCPA")?
Personal, family, and household debts are covered under the FDCPA. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.
Who is a debt collector?
A debt collector is any person who regularly attempts to collect debts owed to themselves or others; included in this definition are attorneys who collect debts on a regular basis. Note that fhe federal FDCPA applies only to collectors working for professional collection agencies and attorneys hired to collect debts.
You should note that in most cases where a defendant has violated the FDCPA, we will be able to represent you on a completely contingent basis; in other words, we don't get paid unless we win a judgment or a settlement where the defendant is required to pay our fees.
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